How to Challenge a DWI Traffic Stop in North Carolina?

Whether you were unexpectedly pulled over and had your sobriety questioned or you were stopped as part of a sobriety checkpoint, a DWI charge in North Carolina can be a serious accusation. Many defendants wonder how to challenge a DWI traffic stop in North Carolina and are unsure what steps to take. Luckily, a knowledgeable DWI lawyer from our firm can help you understand your rights and evaluate your charges to determine how you can challenge them.

Because law officers must follow strict guidelines when testing drivers for potential intoxication, many North Carolina drivers are able to challenge the charges against them when an officer violates their rights or performs a test improperly.

The Basics of a DWI Stop in North Carolina

In North Carolina, officers must have a valid, legal reason to pull a driver over. Having “reasonable suspicion” is generally the most common way an officer can pull you over. For example, if they observe signs of swerving, speeding, or reckless driving, an officer may reasonably assume you are intoxicated and pull you over.

In 2022, over 60,818 traffic stops were performed for DWI-related suspicions. Whether you’re subject to an illegal DUI stop in Fairview, Asheville, or elsewhere in Buncombe County, officers must comply with state laws and your constitutional rights. If an officer lacks reasonable suspicion for initiating a stop or deviates from checkpoint procedures as outlined in G.S. § 20-16.3A, any evidence they collected could be deemed inadmissible in court, and your charges may be dropped.

Understanding DWI Checkpoints in North Carolina

North Carolina law allows DWI checkpoints, but only under strict conditions. By state law, police must follow a written policy that dictates how vehicles are stopped. Officers on the ground cannot choose vehicles at random. Checkpoints must be clearly visible and marked police cars should alert drivers to their presence.

If an officer in Charlotte or Raleigh stopped your vehicle and did not follow these guidelines, the entire encounter may be thrown out. For example, if there was no clear checkpoint policy or the officer deviated from the planned stop pattern, those errors could provide grounds to suppress evidence that was obtained. Checkpoints must be clearly documented under state law.

These violations can happen more often than you’d expect, especially in areas with heavy DWI enforcement where officers are trying to hit quotas or show high activity. A defense attorney can investigate the checkpoint documentation, examine body camera footage, and compare it against legal standards to determine whether your rights were violated.

Challenging DWI Stops in Buncombe County

Challenging a DWI traffic stop in North Carolina requires a careful review of your case. You and your lawyer need to assess every detail of your arrest, from the officer’s reason for pulling you over to whether or not they complied with field sobriety testing requirements. If any part of the stop was flawed, your defense can use this evidence to protect your rights and your future.

In Buncombe County, 323 alcohol-related crashes were reported in 2022. While law enforcement may be acting to ensure the safety of others on the road, it’s also crucial that they respect the rights of drivers whom they pull over for potential DWI or multiple DWI charges. Sometimes, overzealous traffic officers go against regulations, ultimately resulting in illegally obtained evidence.

If a police officer did not have reasonable suspicion to pull you over, your Fourth Amendment rights may have been violated, and you may have grounds to have your charges dropped. Regardless of how complex your DWI case is, it’s vital that you work with a skilled DWI lawyer who can assess every detail of your case and challenge the charges against you. An attorney knows how to find issues within your unique case and use them to protect your rights.

FAQs

Q: Can a DWI Be Dismissed in North Carolina?

A: Yes, it is possible to get a DWI dismissed in North Carolina under certain circumstances. If the stop wasn’t legal, there was a lack of evidence, or the officer didn’t follow legal procedures, the case might not hold up in court. You should work with a skilled DUI lawyer to assess whether your rights were violated during your traffic stop or field sobriety tests.

Q: Can a DWI Be Reduced in North Carolina?

A: While every North Carolina DWI case, including an underage DWI, is unique, it is possible to get the charges against you dropped. In some scenarios, your attorney can fight to reduce DWI charges to offenses like reckless driving, especially if you have a clean record or had a low BAC. Judges and prosecutors will look at the facts to see if the original charge is worth pursuing or if a lesser one makes sense.

Q: Will You Go to Jail for a First-Time DWI in North Carolina?

A: Jail time is possible for first-time DWI offenders in North Carolina, but not guaranteed. Your sentencing will depend on factors like your BAC, prior offenses, whether anyone was injured, and any aggravating circumstances. Many first-time offenders receive probation, community service, or mandated treatment instead of jail. If no grossly aggravating factors exist, active jail time can often be avoided for first-time offenders.

Q: How Can You Challenge the Legality of a DWI Stop?

A: In your drug defense, a DWI stop can be challenged if the officer lacked reasonable suspicion to initiate the traffic stop. If the stop was based on a vague hunch or unrelated traffic behavior, it may be unlawful. Additionally, failure to follow required legal procedures at a checkpoint or during questioning can invalidate a stop as well. Unlawful stops may result in key evidence being thrown out, ultimately helping to get your charges reduced or dismissed.

Challenging Your North Carolina DWI

Not every DWI stop in North Carolina holds up in court. If the officer lacked reasonable suspicion, failed to follow proper procedures, or violated your rights during the stop, the entire case may fall apart. At Edwards Law, PLLC, we examine every detail of every case with a trained eye. We are dedicated to protecting the rights of North Carolina drivers. Contact our office online today to start fighting the charges against you.