Getting pulled over is stressful enough, but if the officer suspects you’ve been drinking, the situation can quickly become intimidating. How you handle yourself in those moments can make a major difference in the outcome of your case.
Here’s what to know about your rights and responsibilities during a DWI (Driving While Impaired) stop in North Carolina.
1. Stay Calm and Pull Over Safely
As soon as you see flashing blue lights, signal and pull over as soon as it’s safe to do so. Use your turn signal, slow down gradually, and stop on the right shoulder or in a nearby parking lot.
Avoid abrupt movements. Officers notice everything – how quickly you react, where you stop, and whether you seem nervous or erratic.
When the officer approaches, keep your hands visible on the steering wheel and avoid reaching for your license or phone until asked.
2. Be Polite, But Know Your Rights
You are required to provide your driver’s license, vehicle registration, and proof of insurance upon request. Beyond that, you are not obligated to answer incriminating questions.
If the officer asks, “How much have you had to drink tonight?” you can politely respond with something like, “I’d prefer not to answer any questions.”
Staying calm and courteous is key. Arguing, being disrespectful, or appearing combative will only escalate the situation.
3. You Can Refuse Field Sobriety Tests
In North Carolina, field sobriety tests (like walking a straight line or following a pen with your eyes) are voluntary. Officers rarely make this clear. You have the right to decline these tests without immediate penalty, though your refusal may still be mentioned in a police report or court.
However, once you are formally arrested, refusing a chemical breath or blood test can trigger an automatic license revocation under North Carolina’s implied consent law.
4. Understand the Implied Consent Law
By driving in North Carolina, you’ve already agreed to submit to chemical testing if lawfully arrested for DWI. Refusing the post-arrest test carries serious consequences: your license can be revoked for at least 12 months, even if you’re later found not guilty.
You should clearly and consistently request a witness to observe the test and ask to contact an attorney while you are in custody preparing for the breath test on the EC/IR-II Intoxilyzer. Doing so can delay testing for at least thirty minutes and may also create legal challenges that a skilled defense attorney can utilize later.
If you agree to the test, ask that your own independent blood test be conducted as well. You have that right, though you must arrange and pay for it.
5. Don’t Consent to Searches Without a Warrant
Unless an officer has probable cause (such as open containers or the smell of alcohol), you don’t have to consent to a search of your vehicle. Politely say, “I don’t consent to a search.” Never physically resist, even if you believe the search is unlawful. That’s an issue for your attorney to address later, not on the roadside.
6. Call an Attorney Immediately
If you’re arrested for DWI, you have the right to contact an attorney. Use that right as soon as possible.
An experienced North Carolina DWI attorney can examine whether the stop, arrest, or testing procedures were lawful, helping build a defense to protect your license and record. The attorneys at Kreider Law have extensive experience handling these situations and will fight for your rights.
The Bottom Line
During a DWI stop in North Carolina:
- Stay calm and respectful.
- Provide identification when asked.
- Politely decline voluntary tests and unnecessary questions.
- Don’t consent to searches without a warrant.
- Contact us immediately if you’re arrested – 336.550.1210.
A DWI charge doesn’t automatically mean conviction, but your behavior during those crucial moments can heavily influence what happens next.