December 01, 2023

Updated: December 01, 2023

Stepped-Up Holiday DWI Enforcement: Checkpoints and Patrols

The holiday season often sees a ramp-up in DUI enforcement, with the implementation of measures like Impaired Driving Checkpoints and Saturation Patrols.

At the Powers Law Firm, we recognize the importance of staying informed about these developments and would be honored to help if you’ve been charged with impaired driving in Charlotte or in Union, Gaston, Lincoln, Rowan, and Iredell County.

Our website is designed to offer a straightforward, informative overview of the legal landscape in North Carolina.

If you have any questions, you may benefit by reviewing our NC DWI Quick Reference Guide or one of our Navigating the Legal System for DUI/DWI located at the bottom of our HOME PAGE.

In this post we delve into the legality of checkpoints, what you can expect if you’re pulled over, and other pertinent aspects of DUI enforcement.

We aim to equip you with knowledge.

Whether you’re trying to understand your rights during a checkpoint or seeking guidance after being arrested, we’re here to provide clear, concise information to help navigate these situations.

Powers Law Firm is committed to offering legal support and insight for those facing DUI-related charges, including Felony Death by Vehicle, Habitual Driving While Impaired (Felony DWI), and Felony Serious Injury by Vehicle allegations.

Are DUI Checkpoints Legal?

DUI checkpoints, which are commonly referred to as sobriety checkpoints, roadblocks, or “checking stations,” are a topic of considerable legal discussion among DWI defense lawyers in North Carolina.

The legality of checkpoints hinges on careful consideration of the NC DWI laws and constitutional precepts.

There is a delicate balance between public safety and individual constitutional rights and the freedom to be left alone – Bill Powers, NC DWI Defense Lawyer

Clearly, the State (the government) has a legitimate interest in preventing “drunk driving,” alcohol-related accidents and fatalities, and ensuring overall motorist safety.

To some extent, enforcement of that interest may include impingement and encroachment upon the individual rights protected under the Constitution.

Indeed, checkpoints are, to some extent, a striking exception to the 4th Amendment, which requires reasonable suspicion of criminal activity and/or probable cause to believe a crime has been committed.

In some limited circumstances, DUI checkpoints are legal in North Carolina.

They are also subject to review to confirm compliance with both the criminal laws and constitutional precepts.

Law enforcement has not been granted unfettered discretion in establishing and enforcing the law. There are limits – Bill Powers, DWI Lawyer

The courts play a crucial role in overseeing the implementation of DUI checkpoints, which, by nature, involve a seizure under the Fourth Amendment.

Judges ensure that stops (and that “seizure”) are conducted in a manner that should minimally infringe on individual liberties while still serving the public interest.

For a DUI checkpoint to be considered legal, it must be properly planned and executed.

DUI checkpoints may be deemed permissible if carried out under a plan that limits the discretion of the officers at the scene and if justified by a compelling state interest, such as public safety.

The courts have therefore developed a framework for evaluating the constitutionality of these checkpoints, taking into account factors like the checkpoint’s location, duration, and the manner in which vehicles are selected for stopping.

It’s important to note that while DUI checkpoints are legal, any arrest made at a checkpoint must still adhere to the standard legal requirements for arrest and evidence collection.

Put simply, officers must still establish Probable Cause to Arrest.

Protections against unreasonable search and seizure apply, and any evidence collected in a way that violates such protections could potentially be challenged in court.

DUI checkpoints in North Carolina walk a fine line between the state’s responsibility to protect public safety and the individual’s constitutional rights.

What does a normal DWI investigation include?

A DWI checkpoint in North Carolina should involve a systematic and methodical approach to monitor drivers for impairment.

It is illegal to operate a motor vehicle while subject to an impairing substance. It is not illegal to drink and drive.

Law enforcement ordinarily sets up checkpoints at strategic locations and stops vehicles, hopefully employing a neutral selection process.

Checkpoints are intended to provide an opportunity to detect (and charge/arrest) motorists who have consumed a sufficient amount of an impairing substance to appreciably impair their mental and/or physical faculties.

The initial interaction between the officer and the driver at a checkpoint should be brief.

Officers often check for basic documentation such as a driver’s license and registration, and during this exchange, they are trained to look for signs of impairment, which might include the odor of alcohol, slurred speech, or other indicators like red, glassy eyes or unsteadiness while standing or walking.

If signs of consumption of alcohol and/or other impairing substances are detected, the driver may be directed to a secondary area for further evaluation.

This often involves administering Standard Field Sobriety Tests (SFSTs), which are designed to assess a driver’s physical and cognitive abilities.

The SFSTs include tests like the Horizontal Gaze Nystagmus (HGN), where officers look for involuntary jerking of the eyes, the Walk-and-Turn test, and the One-Leg Stand test.

Another common tool at checkpoints is the use of a preliminary breath test (PBT), which provides a quick estimate of the driver’s blood alcohol content (BAC).

While the numerical BAC result from these roadside tests may not be admissible in court in North Carolina, a positive reading can be significant in establishing probable cause for an arrest.

If probable cause to arrest is established, the driver may be taken to a police station, detention center, or a medical facility for more formal testing, including breath, blood, or urine tests.

The results from these tests may prove crucial in impaired driving investigations and can significantly impact the legal process that follows.

Throughout a DWI checkpoint and subsequent investigation, it’s imperative that officers adhere to legal protocols and respect the rights of individuals.

A DWI checkpoint in North Carolina is meant to be a structured, unbiased process.

Each step is integral to the legal framework surrounding impaired driving investigations, from the initial vehicle stop to the final chemical test.

Checkpoints aim to balance public safety concerns with the rights of individuals, ensuring that the process of identifying and addressing impaired driving is conducted fairly and legally.

Are DUI Sobriety Tests Reliable?

The reliability of Sobriety Tests, specifically Standard Field Sobriety Tests (SFSTs), is a subject of considerable debate in the realm of DUI enforcement.

These tests, which include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand, are designed to assess impairment by checking a person’s physical and cognitive abilities.

While those tests are endorsed by the National Highway Traffic Safety Administration (NHTSA) and are widely used by law enforcement, their reliability can be influenced by various factors.

One of the primary challenges with SFSTs is the subjectivity involved in their administration and interpretation – Bill Powers, DWI Defense Attorney

For instance, the HGN test relies on an officer’s observation of eye movements, which can be subtle and open to interpretation.

Similarly, performance on the Walk-and-Turn and One-Leg Stand tests can be affected by a person’s nervousness, physical condition, or even the environment where the test is conducted, such as a poorly lit or uneven surface.

Moreover, certain medical conditions, disabilities, or even footwear, like high heels, can impact a person’s ability to successfully complete these tests, leading to false positives.

It’s also worth noting that external factors like weather conditions or passing traffic can distract a subject during the test, potentially skewing the results.

Despite these challenges, SFSTs can be a helpful tool in DUI enforcement.

When demonstrated and administered properly, they can provide important evidence in establishing probable cause for an arrest.

We believe the officers who conduct sobriety testing should be adequately trained and follow the standardized procedures to ensure the results are as reliable as possible.

In a legal context, the results of SFSTs can also play a crucial role in proving impairment Beyond a Reasonable Doubt in court.

However, the admissibility and weight of standardized field sobriety test results can vary depending on how well the tests were conducted and the officer’s ability to articulate their observations and conclusions.

Furthermore, video evidence of SFSTs, when available, can be particularly impactful.

Body Worn Camera (BWC) and dash-cam recordings may provide the opportunity for an objective review of the driver’s performance and the officer’s adherence to their training and related testing protocols.

It’s also worth noting that while SFSTs are a common method for assessing impairment, they are not infallible.

Field sobriety tests are commonly used in conjunction with other evidence, such as observations of the driver’s behavior, appearance, and any chemical tests conducted.

While SFSTs have limitations and challenges, they are widely utilized in DUI investigations.

Their effectiveness depends greatly on the manner in which they are administered and interpreted.

The reliability of SFSTs can be influenced by the officer’s experience and training.

Experienced officers may be more adept at administering tests accurately and interpreting the results correctly.

However, even with proper training, the subjective nature of these tests can lead to inconsistencies in their application.

DWI defense lawyers regularly scrutinize the administration of SFSTs, questioning their accuracy and the conditions under which they were conducted.

Therefore, while SFSTs are an important tool in DUI enforcement, their reliability is not absolute and is subject to careful consideration in the context of each individual case.

As such, understanding these tests and their potential pitfalls is crucial, and for legal professionals, critically analyzing their administration and results can prove crucial to the final disposition of the matter.