If you’re driving in Charlotte and suddenly encounter a DWI checkpoint, you may feel nervous or unsure about what to expect, even if you haven't been drinking. Understanding your rights and responsibilities at a sobriety checkpoint can help you confidently handle this situation.
At Browning & Long, PLLC, our experienced DWI defense lawyers have helped countless clients in Mecklenburg County arrested for driving while impaired. We're here to provide the information and guidance you need to protect your rights and make informed decisions if you are stopped at a DWI checkpoint and are arrested for DWI.
How DWI Checkpoints Work in Charlotte
DWI checkpoints, also known as sobriety checkpoints, are legal in North Carolina. These checkpoints are designed to deter impaired driving and identify drivers who may be driving while under the influence of alcohol or drugs in violation of N.C.G.S. § 20-138(1).
Law enforcement agencies must follow sobriety checkpoint procedures when setting up and conducting a DWI checkpoint in Charlotte, including:
- Publicizing the checkpoint in advance
- Selecting a safe and visible location
- Using a predetermined pattern for stopping vehicles (e.g., every third car)
- Having a supervising officer present
- Minimizing the delay to drivers
When you approach a DWI checkpoint in Charlotte, NC, an officer will likely ask for your driver's license and registration. They may also ask if you've been drinking or using drugs. During this brief interaction, the officer will observe you for signs of impairment.
Signs of Impairment Officers Look For at DWI Checkpoints
During a DWI checkpoint stop, officers are trained to look for various indicators that a driver may be intoxicated. These signs include:
- Odor of alcohol on the driver's breath or in the vehicle
- Slurred speech or difficulty communicating
- Bloodshot, watery, or glassy eyes
- Difficulty following instructions or answering questions
- Fumbling with documents or struggling to locate them
- Admitting to consuming alcohol or using drugs
If an officer suspects that you may be impaired based on these observations, they may ask you to step out of your vehicle for further investigation. This could include field sobriety tests or a preliminary breath test (PBT).
Your Rights and Responsibilities at a DWI Checkpoint
As a driver, you must understand your rights and responsibilities when stopped at a DWI checkpoint in Charlotte. You have the right to remain silent and to refuse to participate in field sobriety tests or take a PBT.
Your responsibilities at a DWI checkpoint include:
- Providing your driver's license and registration when requested
- Following the officer's lawful instructions
- Remaining calm and respectful throughout the interaction
If you are arrested for DWI at a checkpoint, you should exercise your right to remain silent and request to speak with our Charlotte DWI defense lawyers as soon as possible. We’ll help protect your rights and build a strong defense strategy on your behalf.
Consequences of Refusing to Cooperate or Submit to Testing After Your Arrest
Under North Carolina's implied consent law, you may face additional penalties if you refuse to submit to a chemical test (breath, blood, or urine) after being arrested for DWI at a checkpoint or during a DUI traffic stop. In addition to the penalties associated with a DWI conviction, you may face:
- Automatic license suspension for one year or more
- Difficulty obtaining limited driving privileges
- Enhanced penalties if you are ultimately convicted of DWI
It's important to note that refusing to submit to a chemical test does not guarantee that you won't be convicted of DWI. The prosecution can still use other evidence, such as the officer's observations and any field sobriety test results, to build a case against you.
Protecting Your Rights With the Help of a Charlotte DWI Defense Lawyer
If you've been stopped at a DWI checkpoint in Charlotte, North Carolina, and are facing charges, it's essential to seek the guidance of our skilled DWI defense lawyers. At Browning & Long, PLLC, our attorneys have extensive experience handling complex DWI cases and are committed to protecting your rights at every stage of the legal process.
We can help you understand the charges against you, evaluate the strength of the prosecution's case, and develop a tailored defense strategy to fight for the best possible outcome in your case. Whether negotiating with prosecutors or advocating for your rights in court, our Charlotte DWI defense lawyers are here to provide the knowledgeable representation you need during this challenging time.
