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Are DUI checkpoints legal in North Carolina?

On Behalf of | Feb 11, 2020 | DWI/DUI

As you go about your duties in North Carolina, you may happen to bump into a random sobriety checkpoint on the road. The police set up these checkpoints to help reduce the number of accidents occurring due to drunk driving. The CDC estimates that the sobriety checkpoints can help prevent at least one out of ten deaths due to drunk driving.

When you drive into a sobriety checkpoint, police officers will briefly detain you and interview you. If you are suspicious, they will subject you to several sobriety tests. The main aim of the officers is to keep drunk drivers off the road, thus ensuring the roads are safer. The presence of DUI checkpoints on the road may seem bothersome to some people. Are the checkpoints legal?

According to the general statutes of North Carolina, the DUI checkpoints are legal. It further clarifies that there needs to be a probable cause for a traffic stop before an officer can stop your vehicle. Additionally, there are guidelines the police have to follow after halting your car.

According to the US constitution, nobody has the right to perform any illegal and unwarranted search and seizure on you or your property. However, it does not prevent the police from using DUI checkpoints. Before the cops set up any checkpoint, they need to notify the public through any campaign media. Only then can they pull over a driver and make arrests without going against the law.

It is then safe to say that DUI checkpoints are constitutional and provide a lot of value to the road users. They are essential as they help prevent the dangers of drunk driving.

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