Are DUI Checkpoints Legal in North Carolina?
DUI checkpoints, though usually only a minor inconvenience, can be serious if you are driving under the influence. It could cost you thousands of dollars in legal fees, time in jail, and possibly your job. The attorneys at the Scharff Law Firm have over 20 years experience in the criminal justice system. We understand the rights of criminal defendants. If you are facing criminal charges after a DUI checkpoint or from what you feel was an illegal traffic stop or search, please contact us today for a free case evaluation with a Raleigh DWI attorney.
The Impact of Drunk Driving
A reported 10,497 people died in drunk driving crashes in 2016 – one every 50 minutes – and 290,000 suffered injuries in accidents involving drugs or alcohol. Law enforcement has the responsibility of keeping our highways and roads safe. On average, police officers arrest 1.5 million Americans each year for driving under the influence. Drunk driving arrests can result in large fines, incarceration, and restricted driving privileges. As mentioned above, they can also cause death or serious injury, which can result in even harsher jail or prison sentences, and potentially hundreds of thousands of dollars in legal fees and victim compensation payouts.
Sobriety Checkpoints in North Carolina
Under North Carolina law, sobriety checkpoints are legal. At a sobriety checkpoint, law enforcement officers briefly detain and question a driver. Upon suspicion of any wrongdoing, including driving under the influence, the police officer will have the driver go through alcohol testing. If a driver refuses the test, the police officer would most likely arrest him or her and immediately suspend driving privileges.
The Fourth Amendment of the U.S. Constitution states that law enforcement must establish probable cause before detaining or questioning an individual. In the case of sobriety checkpoints, the Supreme Court has made a provision to prevent innocent drivers from undergoing some of the harsher attributes of law enforcement questioning.
The provision states that law enforcement must follow national guidelines, with twelve states outlining additional protocols on top of the federal regulations. The most important protocol requires law enforcement to publicize where and when checkpoints will take place ahead of time.
Specific Guidelines and Limitations
The first guideline is that officers must establish a checkpoint in writing. Another provision states that any law enforcement officer within the jurisdiction of the checkpoint can participate in the sobriety checkpoint process.
Law enforcement officers must establish a detailed set of rules and guidelines, though they need not submit or record the guidelines in writing. The protocol also stipulates how many cars police officers will stop at each checkpoint.
Avoiding Profiling at Sobriety Checkpoints
The provisions also lay out specific procedure on what evidence to collect from each individual. Activists across the country have argued that race, gender, age, and many other factors impact how police officers treat certain drivers. Research bears out many of their arguments. The state’s goal is for the checks to be uniform and that the people detained experience the same treatment, no matter who they are.
The primary goal of the stipulations is to avoid racially biased, age-based, or class-based profiling. Though profiling is illegal, it is usually difficult to prove. For example, a police officer may pull over and treat a young male driver more harshly than a young female driver. Profiling could also include a police officer pulling over only people driving cars that look dilapidated. Any assumptions about one type of person being more suspicious than another are illegal, but it happens every day.
With more than 20 years experience in criminal defense, the Raleigh criminal attorneys at Scharff Law Firm will work tirelessly to protect your rights. If you or someone you love is facing legal consequences due to a DUI or other traffic violation, please contact us today for a free case evaluation.