• Skip to main content
  • Skip to header right navigation
  • Skip to site footer
Monitech Ignition Interlock Systems

Monitech Ignition Interlock

North Carolina's leading Ignition Interlock provider

  • Interlock Basics
    • What is an Interlock
    • Interlock Cost
    • Special Offers
    • Interlock Videos
  • Locations
    • Service Centers
  • Partners
    • Refer A Client
    • Attorneys
    • Counselors
  • Customer Support
    • Contact Monitech Ignition Interlock
    • About
    • Refer A Friend
    • FAQs
    • Reviews
    • Mechanic Code Request
    • Blog
  • 800-521-4246

North Carolina DWI Checkpoints — Just What Does the Law Say?

February 3, 2015 by Editorial Staff

Being held up at a sobriety checkpoint is never fun. Moreover, many people have concerns about them, and this has led to legal battles, and even a Supreme Court case. And while the controversies won’t be settled anytime soon, you should have the facts in case you are stopped at a North Carolina DWI checkpoint.

DWI Checkpoints are Legal

Currently 39 states allow DWI checkpoints, which enable the police to stop cars at random and try to determine if the driver is impaired. North Carolina is one of those states.

However, just because checkpoints are legal does not mean that the police can stop whomever they wish. In order to make checkpoints constitutional under the Fourth Amendment, the checkpoints must follow prescribed rules and pass certain tests:

  • The check must be random. Once it is set up, a checkpoint must check all cars, or cars must be chosen on a random basis – say, every tenth car.
  • There must be a specific purpose. Police can’t check for general crimes. They need to be looking for impaired drivers or other specific offenses.
  • The checkpoint must be announced. Some states require that police publish in advance the location of the checkpoint. In North Carolina all that’s required is that the checkpoint has visible flashing blue lights.
  • Avoiding the checkpoint. Some states require that drivers have a means to avoid the checkpoint if they wish. Not so in North Carolina, where the police can stop a vehicle that has turned around to avoid the checkpoint, in order to ask why.
  • Other violations. Different states have different rules about just what violations an officer can look for. Some states confine the allowable violations to what can be observed – impairment, broken headlights, and the like. North Carolina includes unobservable violations such as driving on suspended licenses. However, the officers may not look for evidence of non-motor vehicle related crimes.

Balance is the key

Clearly, sobriety checkpoints can be an inconvenience. But these traffic stops do help the police arrest many drunk drivers, and thus increase road safety. So the police and courts are tasked with striking a balance between the public interest and the individual’s privacy. That’s a battle that’s taking place on many fronts. On North Carolina’s roads, the Supreme Court has ruled that drunk driving is simply too dangerous, and that a short wait at a sobriety checkpoint and a few questions from a police officer is a small price to pay for the added protection that these checkpoints afford to all citizens of the state. To find out how you can best navigate a North Carolina checkpoint, go here.

Category: LawTag: Drunk Driving, North Carolina, Sobriety Checkpoint

About Editorial Staff

The editorial staff is a group of writers and contributors with wide-ranging areas of expertise. The editorial staff provides news and analysis of topics that are focused on community and driver safety.

Previous Post: « Arrested for DWI in North Carolina: What Now?
Next Post: What is a DWI Lookback Period? »

Free First Month

Call a North Carolina expert now at 800-521-4246 to claim your Free First Month!

Call Today
  • Facebook
  • LinkedIn

Call Toll-Free

800-521-4246

Interlock Basics

What Is An Interlock

Interlock Cost

Interlock Videos

Locations

Service Centers

Partners

Refer A Client

Attorneys

Counselors

Customer Support

About

Refer A Friend

FAQs

Reviews

Mechanic Code Request

Blog

News

Copyright © 2023 Monitech, LLC.

Customer Support · Contact · ISO Certification