2005 North Carolina Code - General Statutes § 20-16.3A. Impaired driving checks.

§ 20‑16.3A.  Impaired driving checks.

A law‑enforcement agency may make impaired driving checks of drivers of vehicles on highways and public vehicular areas if the agency:

(1)       Develops a systematic plan in advance that takes into account the likelihood of detecting impaired drivers, traffic conditions, number of vehicles to be stopped, and the convenience of the motoring public.

(2)       Designates in advance the pattern both for stopping vehicles and for requesting drivers that are stopped to submit to alcohol screening tests. The plan may include contingency provisions for altering either pattern if actual traffic conditions are different from those anticipated, but no individual officer may be given discretion as to which vehicle is stopped or, of the vehicles stopped, which driver is requested to submit to an alcohol screening test.

(3)       Marks the area in which checks are conducted to advise the public that an authorized impaired driving check is being made.

This section does not prevent an officer from using the authority of  G.S. 20‑16.3 to request a screening test if, in the course of dealing  with a driver under the authority of this section, he develops grounds for requesting such a test under G.S. 20‑16.3. Alcohol screening tests and the results from them are subject to the provisions of subsections (b), (c), and (d) of G.S. 20‑16.3. This section does not limit the authority of a law‑enforcement officer or agency to conduct a license check independently or in conjunction with the impaired driving check, to administer psychophysical tests to screen for impairment, or to utilize roadblocks or other types of vehicle checks or checkpoints that are consistent with the laws of this State and the Constitution of North Carolina and of the United States. (1983, c. 435, s. 22.)