Complying With a DUI Checkpoint

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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.


Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.