Helpful Information
What to Do if Stopped for DWI
Know your rights before you need them. Here is what to do — and what not to do — if you are pulled over under suspicion of DWI in North Carolina.
When encountering a situation involving Driving While Impaired (DWI), it is essential to be informed and make the right decisions. When stopped by police under suspicion of DWI, you may be asked to undergo two types of tests at the scene: field sobriety tests and a roadside breath test.
Field sobriety tests encompass tasks such as walking in a straight line, balancing on one foot, or tracking a pen or light with your eyes. The portable breath test involves exhaling into a device that measures your breath’s alcohol content.
What Happens During a DWI Stop in North Carolina
A DWI stop in North Carolina typically follows a predictable pattern. The officer will first ask for your license and registration, then begin looking for signs of impairment — slurred speech, the smell of alcohol, or bloodshot eyes. If they suspect impairment, they will ask you to step out of the vehicle. At that point, you may be asked to perform field sobriety tests, submit to a portable breath test, or both. Understanding what to expect at each stage helps you stay calm and make informed decisions.
The Difference Between the Roadside Test and the Official Breath Test
North Carolina law distinguishes between two breath tests. The first is the Portable Breath Test (PBT) — a small handheld device used at the roadside. The results of this test are not admissible as evidence of your exact BAC in court; they are used only to establish probable cause for arrest. The second is the Intoxilyzer EC/IR II, administered at the police station or jail after your arrest. This test is the official, admissible breath test under NC law, and refusing it carries automatic license consequences under the state’s Implied Consent law.
North Carolina’s Implied Consent Law — What It Means for You
By driving on North Carolina roads, you have already legally consented to a chemical test if an officer has probable cause to believe you are impaired. This is known as the Implied Consent Law. If you refuse the official breath or blood test after arrest, the officer will read you a formal Implied Consent warning. Refusing the test triggers an automatic 30-day license revocation and a 12-month civil license revocation — separate from any criminal DWI charge. Refusal can also be used as evidence against you in court.
This is why speaking with an attorney as quickly as possible after a stop is critical. The decisions you make in the first few minutes and hours can have lasting consequences on both your license and your criminal case.
Key Steps to Take When Stopped for DWI
Avoid Answering Questions About Your Drinking
It is vital not to answer questions related to your alcohol consumption when questioned by the police. For instance, questions about how impaired you feel on a scale of 1 to 10 are often used — but they are designed to elicit self-incriminating responses. You are not obliged to answer these questions, and it is in your best interest not to do so.
Decline the Field Sobriety Tests
You are not legally obligated to participate in these tests. The advice is to politely refuse, unless you are entirely sober and have not consumed any alcoholic beverages in the past 24 hours. People who have consumed even a small amount of alcohol can struggle to pass these tests. By refusing, you make it more challenging for the officer to justify your arrest to a judge. Remember — you have the right to say no to these tests.
Consider Legal Representation
When facing a DWI charge, it is highly recommended to have a skilled and experienced DWI lawyer on your side. Whether you hire an attorney or financial constraints require the appointment of a public defender, having legal representation is crucial. Attempting to handle a DWI case without professional legal assistance can lead to costly mistakes.
Know When Miranda Rights Apply
Many people expect to hear their Miranda rights the moment they are pulled over. In reality, Miranda rights only apply once you are in custody and being interrogated. During a roadside DWI stop, you are generally not yet “in custody” in the legal sense, so the officer is not required to read your rights before asking questions. This means anything you say during the stop — before an arrest — can still be used against you, which is all the more reason to remain calm and limit your responses to basic identifying information.
What Happens After a DWI Arrest in North Carolina
If you are arrested for DWI, you will be taken to a processing facility where the official breath or blood test will be administered. You will be booked, and a magistrate will set conditions for your release. Within 10 days of your arrest, you or your attorney should request a DMV hearing to contest your license revocation — missing this deadline means an automatic suspension. The criminal case and the DMV hearing are two separate proceedings, both of which require attention. An experienced DWI attorney can help you navigate both at the same time.
Don’t Face This Alone
Get an Experienced DWI Attorney on Your Side
Now that you know what to do if stopped for DWI in North Carolina it’s time to take the next step. Michael Woodard has handled DWI cases in Goldsboro and Wayne County for over 10 years. Call today for a free consultation.