As temperatures rise in Charlotte, so do opportunities for outdoor gatherings, concerts, lake days, and community events. Summer is often associated with increased travel and social activities, which can also lead to increased law enforcement efforts aimed at detecting impaired driving.

For Charlotte drivers, understanding how North Carolina DWI laws and sobriety checkpoints work can help you better understand the process if you encounter a checkpoint or traffic stop. Encounters with law enforcement can be stressful, especially during a DWI investigation. Knowing what to expect may help reduce uncertainty and confusion.

At Jetton & Meredith, our Charlotte DWI attorneys represent individuals facing DWI charges throughout Mecklenburg County and the surrounding areas.

How Are Law Enforcement Agencies Increasing DWI Enforcement?

Law enforcement agencies across North Carolina often increase traffic safety efforts during periods of heavy travel and holiday weekends. The Charlotte-Mecklenburg Police Department (CMPD) may use a variety of enforcement strategies designed to identify impaired drivers and promote roadway safety, including:

DWI task force operations
Sobriety checkpoints
Traffic safety initiatives
Multi-agency enforcement operations

These efforts are intended to deter impaired driving and enforce North Carolina traffic laws.

What Is A Sobriety Checkpoint?

A sobriety checkpoint, sometimes called a DWI checkpoint or checking station, is a temporary traffic stop conducted by law enforcement officers to identify potential impaired drivers and address certain motor vehicle violations.

During a checkpoint, officers typically stop vehicles according to a predetermined pattern and briefly interact with drivers. Officers may look for signs that could indicate impairment, including:

Glassy or bloodshot eyes
Slurred speech
The odor of alcohol
Open containers of alcohol
Driving behavior that suggests impairment
Statements made by the driver

If an officer develops reasonable suspicion that a driver may be impaired, the officer may continue the investigation. Depending on the circumstances, an officer may:

Request that a driver perform standardized field sobriety tests
Request a roadside portable breath test
Ask additional questions related to the investigation

What Makes a Sobriety Checkpoint Legal in North Carolina?

North Carolina law permits law enforcement agencies to conduct checking stations and sobriety checkpoints under certain circumstances. To be lawful, checkpoints generally must comply with statutory and constitutional requirements.

Some of the factors that may be considered include:

A Neutral Stopping Pattern

Law enforcement agencies must use a predetermined and neutral method for selecting vehicles to stop. Examples may include:

Every vehicle
Every third vehicle
Every fourth vehicle

This helps ensure that drivers are not selected based on arbitrary factors.

Written Policies and Procedures

The law enforcement agency must maintain policies governing the operation of the checkpoint, including guidance regarding how vehicles will be selected for inspection.

Visible Law Enforcement Presence

Drivers should be able to recognize that they are approaching an official checkpoint. This is often accomplished through marked patrol vehicles, emergency lights, signage, or other indicators of law enforcement activity.

Constitutional Compliance

Sobriety checkpoints must comply with both the United States Constitution and the North Carolina Constitution.

What Rights Do Drivers Have at a Sobriety Checkpoint?

Every traffic stop and checkpoint encounter is unique. Drivers are generally required to provide identifying and vehicle documentation during a lawful traffic stop.

Individuals also have constitutional rights that may apply during interactions with law enforcement. The scope of those rights can depend on the specific circumstances of the encounter.

In some situations, a driver may choose not to consent to a vehicle search. Whether law enforcement may search a vehicle without consent depends on the facts of the situation and applicable law.

Additionally, individuals charged with DWI may have the opportunity to challenge aspects of the stop, checkpoint, investigation, or arrest through the legal process.

Can You Refuse a Breath Test of Field Sobriety Test?

Drivers may decline roadside field sobriety tests and portable breath tests during a DWI investigation. However, decisions regarding whether to participate can have legal consequences and may become part of the officer's overall investigation.

North Carolina also has implied consent laws. Under these laws, a driver who is arrested for DWI and willfully refuses a chemical analysis may face a one-year driver's license revocation and other legal consequences.

Because every situation is different, individuals facing a DWI charge should consult with an attorney regarding the specific facts of their case.

Common Reasons Drivers Are Investigated for DWI

While every case is different, DWI investigations often begin after an officer observes:

Speeding
Weaving within or between lanes
Running a red light or stop sign
Following too closely
Equipment violations
Driving behavior observed near a checkpoint

An investigation may also begin following a traffic accident or citizen complaint.

Contact a Charlotte DWI Attorney

A DWI charge can be overwhelming and may carry serious consequences. Understanding your rights and legal options is an important first step.

Jetton & Meredith represents clients throughout Mecklenburg County, Union County, Cabarrus County, Gaston County, Iredell County, and the greater Charlotte area in criminal defense matters, including DWI and DUI charges.

If you have been charged with DWI, contact our Charlotte DWI attorneys to discuss your situation and learn more about your legal options.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Individuals should consult an attorney regarding their specific circumstances.