RELEASED: August 27, 2012

(WILMINGTON, NC) North Carolina law enforcement officers are authorized by law to set up motor vehicle checkpoints to determine whether drivers are driving while intoxicated or driving under the influence of alcohol or drugs. But, just because law enforcement can legally conduct DWI checkpoints doesn’t mean that the procedures followed are always legal.

At Roberts Marcilliat & Mills PLLC, in Wilmington, our criminal defense attorneys work with individuals arrested on suspicion of DWI at a driver’s license checkpoint or DWI roadblock. We have successfully handled DWI checkpoint cases, getting charges reduced or dismissed because there was not enough evidence to support a DWI conviction or because law enforcement did not act within the scope of their authority in making an arrest at a DWI checkpoint.

A successful DWI defense strategy includes considering whether the DWI checkpoint itself was legal, whether the police officer who made the arrest had the authority to do so in the jurisdiction where you were arrested, whether a search was conducted without probable cause or reasonable suspicion in violation of the Constitution and whether any field sobriety tests were properly administered, among others.

Getting drunk driving charges related to an arrest at a North Carolina DWI checkpoint dismissed is our first goal for all of our DWI defense clients. Depending on the facts of your case, that may or may not be an option. If it is not, we work toward minimizing the consequences of a DWI conviction, negotiating for a lesser charge or a lesser sentence.

If you have been arrested at a DWI checkpoint in Wilmington, New Hanover County or elsewhere in North Carolina, you do have rights. Visit to learn more about Roberts Marcilliat & Mills PLLC, and our experience in handling DWI cases throughout the state. We offer a free, same day consultation in all criminal defense matters.

For more information about Roberts Marcilliat & Mills PLLC, please visit our Wilmington criminal defense website and criminal defense blog. Our criminal defense attorneys defend against sex crime charges, DWI charges and abuse charges, among others in New Hanover County. To contact any of the criminal defense lawyers at Roberts Marcilliat & Mills PLLC, please contact the law firm or call 919-838-6643 for a free consultation. Roberts Marcilliat & Mills PLLC, can also be followed on Facebook at

North Carolina v. J.S.
Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed

Roberts Marcilliat & Mills PLLC acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.