Many drivers are arrested for driving while impaired (DWI) offenses because they failed tests after car crashes or during traffic stops. Others may end up prosecuted due to mass enforcement efforts.
DWI checkpoints, also sometimes called sobriety roadblocks, allow North Carolina police departments to screen dozens of drivers per hour for signs of intoxicated driving. Motorists who fail tests at checkpoints may face criminal prosecution. What options do drivers have when responding to a checkpoint DWI charge?
Questioning the checkpoint’s legality
State statutes impose very clear obligations on law enforcement agencies conducting DWI roadblocks. There could be errors or discrepancies in the documents submitted to set up the checkpoint that compromise the legality of it.
Countering the evidence gathered
Perhaps there is a perfectly reasonable medical explanation for why a driver failed field sobriety tests or a roadside breath test. When there are alternate explanations for what looks like strong evidence, it may be possible to raise a reasonable doubt about whether a driver was really under the influence.
There are a host of other issues, such as the failure to properly calibrate breath tests or violations of an individual’s rights. These could play a role in a DWI defense strategy.
Experienced defense attorneys can determine whether a checkpoint was legal, determine whether the evidence that is being used to charge a person and potentially get some or all of it excluded. They can also help determine whether plea bargaining to reduce the charge and penalties the driver is facing would be the best course of action.
Getting experienced legal guidance to review the state’s case and what happened at a checkpoint can help motorists bring the strongest case possible when charged with impaired driving.
