What to Do if Stopped for DWI

Being stopped for DWI in Goldsboro or anywhere in Wayne County is a stressful experience, and knowing what to do if stopped in the first few minutes can make all the difference.

Whether your traffic stop was initiated by the Goldsboro Police Department, the Wayne County Sheriff’s Office, or the NC State Highway Patrol, how you handle the initial interaction matters significantly. Knowing your rights regarding field sobriety tests and roadside breathalyzers can protect your case from the very beginning. 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 Goldsboro, 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 prepare for what to do if stopped by law enforcement.

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 Intoximeter EC/IR II (under N.C.G.S. § 20-139.1), 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.

Test	Roadside Portable Breath Test (PBT / Alco-Sensor)	Station House Intoximeter EC/IR II
Legal Status	Pre-arrest screening device used by officers on the roadside to establish probable cause.	Official chemical analysis instrument administered post-arrest at the station house or jail.
Admissibility in Court	Generally inadmissible to prove a specific numerical BAC (typically only used to show the presence or absence of alcohol, unless the driver is under 21).	Fully admissible in court as chemical evidence to prove a driver’s actual blood alcohol concentration (BAC).
DMV Refusal Penalty	No direct DMV revocation penalty or active driver’s license suspension for refusing a roadside PBT.	Severe mandatory 1-year civil revocation by the DMV for refusing the official breath test.

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 understanding what to do if stopped and speaking with an attorney as quickly as possible 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.