In North Carolina, the laws relating to impaired driving only require appreciable impairment of your physical or mental faculties. Ordinarily, police cannot stop vehicles without reasonable suspicion or probable cause. DUIcheckpointsalso known as sobriety checkpoints or roadblocksare legal in North Carolina. Run and You're Done: North Carolina Speeding Law Means Business, United States District Court for the Western District of NC, The gravity of the public concerns served by the seizure, The degree that the seizure advances the public interest, The degree of interference with individual liberty, Designate in advance the format for stopping vehicles and what type of information and documentation will be requested from drivers, Operate the checkpoint using a written checkpoint policy, Have at least one law enforcement vehicle with blue lights on during the checkpoint. If found to be unconstitutional, checkpoints may be subject to a Motion to Suppress and possibly a Motion to Dismiss even if otherwise authorized under the NC DWI laws. JW(Dygr&K]o(D%.QveQveQveiOKo,{"1r4GKUc~p 8WW ^ In a published decision dated December 31, 2020, the North Carolina Court of Appeals again weighs in on DWI checkpoints in North Carolina.. State v. Cobb (North Carolina vs. Deshandra Cobb) sets forth the legal standards and considerations associated with roadblocks, sobriety checkpoints, and DWI checkpoints in North Carolina.. 4th Amendment - Reasonable Suspicion - Probable Cause. The State may appeal, in certain circumstances, rulings on motions, including a Motion to Dismiss charges if granted by the Court. Multiple agencies join up for DWI checkpoint on New Years Eve, Officials: Driver charged with DWI after attempting to flee traffic stop near Kings Grant, Pender County Sheriffs Office conducts DWI checkpoint during Booze It and Lose It campaign. Another provision states that any law enforcement officer within the jurisdiction of the checkpoint can participate in the sobriety checkpoint process.
