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Rules for DWI Checkpoints

It is legal for a person to be pulled over and charged at a DWI checkpoint, but only under certain conditions. These conditions were established by the Supreme Court and are required in order for these checkpoints to be constitutional. If a police department fails to uphold these requirements, any DWI arrests made as a part of those checkpoints may be challenged.

To learn more about your legal options if you were arrested at a DWI checkpoint, contact the Raleigh DWI defense lawyers at the Law Office of Jim Black at 919-600-4609 today.

Requirements for a Checkpoint

Sobriety checkpoints are considered to be an important part of a police department’s arsenal against intoxicated drivers. However, these checkpoints are considered an unlawful search of a person’s body or vehicle if the proper protocol is not followed. According to the Supreme Court, the following are required to make these checkpoints legal:

  • Warning motorists adequately before the checkpoint
  • Passing all major decisions by a supervisor
  • Following a strict pattern of pulling motorists over
  • Setting up the checkpoint at a reasonable place and time
  • Keeping a checkpoint from becoming an unreasonable burden on traffic

If these standards are not met, a motorist may argue that his or her rights were violated at the checkpoint, which can lead to a dismissal of charges.

Contact Us

If you have been arrested at a DWI checkpoint, you may have been wrongly treated by the police. For more information regarding your rights and options as a defendant, contact the Raleigh DWI defense attorneys at the Law Office of Jim Black today by calling 919-600-4609.


"Jim, I just wanted to thank you again for everything you did for me. I am very happy about the outcome and would recommend you to anyone and everyone who has a DUI case. Two things that stuck out the most is your patience and honesty, you wanted the best for me and that was obvious."

The Law Office of Jim Black

5 West Hargett Street #310
Raleigh, NC 27601

Phone: (919) 600-4609
Fax: (919) 834-4891


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From our offices in Raleigh, our attorneys represent clients throughout North Carolina including the communities of Raleigh, Cary, Apex, Fuquay Varina, Wendell, Garner, Holly Springs, and Wake Forest; residents of Wake County.

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