The Supreme Court has held that DUI checkpoints are not an infringement of our Fourth Amendment rights to be free from searches and seizures. This means that police may conduct DUI checkpoints and ask for your license at these checkpoints without the need for reasonable suspicion.
In complying with an officer’s request at a DUI checkpoint you should roll down your window and hand the officer your driver’s license and registration. If the officer suspects you have been drinking or that there is a motor vehicle violation, she may ask you to pull over for further questioning. You do not have to answer any question she asks you, such as whether you have been drinking or where you are coming from. If she has reasonable suspicion that you have been drinking, then the officer may perform roadside sobriety tests. These tests include the one-legged stand, the walk and turn, or the HGN test. While it is not required that you perform these tests, your refusal to do so can be used against you in court. But, without results from these tests, the State must still overcome the burden that the officer had probable cause to arrest you.
Even without these tests, the officer may still arrest you. The officer will then ask you to step into an onsite bus to submit to a breathalyzer test. In North Carolina, refusal to take this test will result in a loss of your license for one year. However, you have the right to request the presence of someone during the testing to witness it being conducted. The officer will allow 30 minutes for the person’s arrival. If the person is not there within 30 minutes, then the officer will continue with the test.
If you have been arrested for driving while intoxicated contact the The Law Offices of Wiley Nickel to discuss how we can help with your case. Call 919-585-1486 for a free consultation with attorney Kristi Haddock or attorney Wiley Nickel. Our office is located in Cary, NC at 2401 Weston Parkway near the I-40 exit at Harrison Avenue.