Why the stop matters
Everything in a DWI case usually flows from the stop. The officer’s observations, the field sobriety tests, and the breath test all come after it. If the officer did not have a lawful reason to stop you, a judge may be asked to keep out the evidence that followed.
That is why we start with the stop. We read the report, and then we watch the video to see whether they match.
Traffic stops
In general, an officer may stop a car when the officer has reasonable suspicion that a crime or traffic violation is happening. Common reasons given in DWI cases include speeding, weaving, crossing a line, no headlights, or a call from another driver.
Some reasons are stronger than others. Weaving within your own lane, for example, may or may not be enough, depending on the facts. The details of the driving, the time, and the place all matter. Video often answers questions a report leaves open.
A stop must also stay within its purpose. An officer who stops a car for a traffic violation may ask about that violation and check the license and registration. Extending the stop for other questions or tests generally needs its own reason. We look at the timeline to see how the stop grew.
DWI checkpoints
North Carolina allows checking stations, sometimes called checkpoints, under G.S. 20-16.3A. They still have limits. In general, a checkpoint must:
- Be run under a written policy.
- Follow a pattern set in advance for which cars are stopped, so no officer chooses on his own.
- Have at least one law enforcement vehicle with its blue light on, so drivers know a checkpoint is running.
- Be used to check compliance with the motor vehicle laws, such as license checks or impaired driving.
Turning before a checkpoint is not a crime in itself. Whether an officer may stop a car that turns away depends on the facts. We ask for the checkpoint plan and records when a case begins at one.
Checkpoint records can show who planned it, when, and why. Those records help us test whether the checkpoint met the rules.
Your rights during a stop
- You must give your license and registration when asked.
- You may stay silent about where you were and what you drank. Say so politely.
- In general, field sobriety tests are voluntary.
- A chemical test after an arrest is covered by the implied consent law. A refusal brings license consequences under G.S. 20-16.2 and G.S. 20-16.5.
- Stay calm and polite. Do not argue at the roadside.
After the stop
If you were arrested, keep every paper you were given. Write down what you remember: where you were stopped, what the officer said, and what tests you did. Body camera and dash camera video is not a public record under G.S. 132-1.4A, but a person in the recording, or that person’s North Carolina lawyer with consent, may ask in writing to view it. Video is kept only for the retention period, so it helps to move early.
A written request for a hearing on the civil license revocation is due at your first appearance or within 10 days of the date it took effect.
Questions we ask about every stop
- What reason did the officer give for the stop, and when was it first written down?
- Does the video show the driving the report describes?
- If the stop came from a call by another driver, what did the caller report and how did the officer confirm it?
- If it was a checkpoint, was there a written plan, and was it followed?
- Did the stop last longer than its purpose allowed?
- What did the officer see before asking you to step out of the car?
These questions often decide whether a stop can be challenged. We answer them with records and video, not guesses.
Every case starts with listening. When you call, we ask what happened, where, and when your court date is. Then we explain the next steps in plain words and tell you what we need from you. We return calls promptly and keep you informed as the case moves.
How we review the stop
We investigate rather than process. We don’t accept the police report as fact. We compare the report, the video, the radio and dispatch records when available, and the checkpoint plan when there was one. Then we tell you the hard truth about whether the stop can be challenged.
Call (336) 281-2008 or request a consultation. We explain our fee in writing before you hire us. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Are DWI checkpoints legal in North Carolina?
Yes, North Carolina allows checking stations under G.S. 20-16.3A, but they must follow rules. They need a written policy, a pattern for stopping cars set in advance, and at least one law enforcement vehicle with its blue light on.
Can I turn around before a DWI checkpoint?
Turning before a checkpoint is not a crime in itself. Whether an officer may stop a car that turns away depends on the facts, so tell your lawyer exactly what happened.
What should I say if I am pulled over for DWI?
Give your license and registration when asked, and stay calm and polite. You may decline to answer questions about where you were or what you drank.
Can a DWI be thrown out because of a bad stop?
If the stop was not lawful, a judge may be asked to keep out the evidence that came after it. Whether that applies depends on the facts. No one can promise how a judge will rule.
Does weaving in my lane give police a reason to stop me?
It depends on the facts. Courts look at the whole picture, including the driving, the time, and the place. Video often shows what happened more clearly than a report.