A Driver’s Guide to Wake County DWI Checkpoints
Sobriety checkpoints are one method law enforcement uses to combat impaired driving in Raleigh and the surrounding areas of Wake County. Local police frequently increase DWI enforcement during weekends, holidays, and seasonal travel periods.
If you have already encountered a DWI checkpoint—or want to be prepared before you do—it’s important to understand what officers can require, what you may legally refuse, and how to protect yourself if a stop escalates. Learn from the Raleigh DWI attorneys at Sandman, Finn & Fitzhugh as we prepare drivers for what to expect during what can be a unexpected traffic stop.
What Happens at a Wake County DWI Checkpoint
At DWI checkpoints, law enforcement follows a structured process designed to briefly screen drivers for impairment of drugs and alcohol. While each checkpoint may vary slightly, most follow this similar sequence:
- Initial Stop and Visual Observation: Officers stop vehicles according to a predetermined pattern and make quick observations of the driver, including appearance, behavior, and speech.
- Request for Identification: Drivers are typically asked to provide a valid driver’s license and vehicle registration for review.
- Brief Interaction or Questioning: An officer may ask limited questions while assessing whether there are indicators of impairment, such as odor of alcohol, slurred speech, or delayed responses.
- Release or Secondary Screening: If no signs of impairment are observed, the driver is promptly allowed to proceed. If concerns arise, the driver may be directed to a separate inspection area.
- Further Investigation, if Warranted: In the secondary area, officers may ask additional questions, request field sobriety tests, or request a breath test to determine whether probable cause exists for arrest.
Your Legal Rights at a Wake County DWI Checkpoint
Although checkpoints are designed to be brief, drivers still retain important legal protections. Knowing where your obligations end—and your rights begin—matters.
Producing Required Identification
When stopped, you must provide certain documents upon request, including:
- A valid driver’s license
- Vehicle registration
You are not required to engage in extended conversation, and you are not obligated to answer investigative questions about drinking, travel plans, or your evening. While many drivers choose to lower their window partially to hand over documents, there is no requirement to fully roll it down.
Performing Standardized Field Sobriety Tests
Officers may ask you to perform standardized field sobriety tests, including:
- Horizontal gaze nystagmus test
- Walk-and-turn test
- One-leg stand test
If you refuse to take these tests, you can’t be penalized. It is recommended that you refuse because the results are very subjective and the officer may not administer the tests correctly. Most of the time, the results lead to law enforcement offering, or compelling, you to take a chemical test like a Breathalyzer or a blood test.
Breath Tests and Blood Tests
At the checkpoint, an officer may request a portable preliminary breath test (PBT). The results of this test are unreliable and can’t be used in court. You can refuse this test and there won’t be any consequence as far as license suspension goes. The officers can still arrest you if there is enough evidence.
If the result of the PBT shows your blood alcohol content (BAC) being past the legal limit, you will be asked to take a second test at a police station on an Intoxilyzer (breathalyzer). If you refuse, your driver’s license can be revoked for a year through a civil process. If you take the breathalyzer test and are found to have a BAC level that is past the limit, you could be found guilty; however, there can be issues with the Breathalyzer machine that cause false positives.
The next step could be a blood test. If officers ask you to submit to a blood test, and you don’t comply, they will probably get a search warrant to draw your blood and have it tested at a local lab.
Law Enforcement Authority at Wake County DWI Checkpoints
Wake County law enforcement officers also have rights at DWI checkpoints.
Vehicle Searches Without a Warrant
Police officers may not need a search warrant to examine your vehicle for controlled substances—for instance, if an officer sees drugs in your car, including prescription drugs and certain over-the-counter medicines, your vehicle can be searched without a warrant.
Detaining Drivers or Expanding a DWI Investigation
Law enforcement officers do not need reasonable suspicion to detain motorists at checkpoints. However, if they suspect another crime has been committed, like auto theft, they must have reasonable suspicion to investigate it at a DWI checkpoint. During interactions with drivers, If an officer develops reasonable suspicion of intoxication, they may direct the motorist to an inspection area and conduct a further investigation.
What to Do at a Wake County DWI Checkpoint
How you handle a DWI stop can affect how quickly the encounter ends and whether it escalates further. The following steps can help Wake County drivers navigate the situation calmly and responsibly:
- Make Your Presence Clear and Visible: If the checkpoint is at night, turn on your interior dome light and place your hands on the steering wheel so they are clearly visible.
- Have Required Documents Ready: Keep your driver’s license and registration accessible before reaching the officer. Avoid digging through the vehicle once the stop begins, as sudden movements may raise safety concerns.
- Remain Polite and Non-Confrontational: Even if you choose not to answer questions, stay cooperative and respectful. Arguments or hostility can quickly complicate what might otherwise be a brief stop.
- Follow Lawful Instructions: If an officer directs you to step out of the vehicle or move to a secondary inspection area, comply calmly.
- Keep Responses Brief and Controlled: When responding to questions, provide simple, direct answers. Do not volunteer additional information or attempt to explain your way through the stop.
- Exercise Your Right to Remain Silent If Arrested: If the encounter escalates into an arrest, stop answering questions and clearly invoke your right to remain silent. Statements made after DWI arrest often become evidence and rarely improve the situation.
- Speak with an Attorney: The next effective step is to speak with a criminal defense attorney with proven experience representing individuals charged with DWI in Wake County. At Sandman, Finn & Fitzhugh, Attorneys at Law, our team evaluates DWI stops, checkpoint procedures, and all evidence involved to determine the best defense to protect your rights and future.
Schedule a FREE Consultation with the Raleigh Defense Attorneys at Sandman, Finn & Fitzhugh
If you were arrested at a Wake County DWI checkpoint, the steps you take next matter. DWI charges carry serious consequences, including license suspension, fines, and long-term impacts on your record.
Sandman, Finn & Fitzhugh, Attorneys at Law, represent individuals charged with DWI throughout Wake County, including Raleigh, Cary, Wake Forest, Knightdale, Fuquay-Varina, Holly Springs, Apex, Garner, Morrisville, Rolesville, Wendell, and Zebulon.
Contact us today to schedule a FREE consultation to discuss the charges you are facing by calling (919) 845-6688 or filling out our contact form to get started.