Getting pulled over on suspicion of driving while intoxicated (DWI) can be stressful. You have seconds to decide whether you should agree to sobriety tests or if it’s better to refuse. Understanding your rights and what’s at stake can help you make an informed decision.
What Are Sobriety Tests?
Sobriety tests generally include two types: field sobriety tests and chemical tests. Field sobriety tests are physical tasks you perform on the side of the road. They often include tasks such as walking in a straight line or standing on one leg. In contrast, chemical tests measure your blood alcohol concentration (BAC) using breath, blood, or urine samples.
Law enforcement officers use these tests to determine whether there is probable cause to arrest you for DWI.
The Implied Consent Law in North Carolina
North Carolina operates under an implied consent law. This means that by driving on North Carolina roads, you automatically consent to chemical tests if a law enforcement officer suspects DWI and requests a test. Refusing a chemical test can lead to immediate penalties, including a license suspension—even if you’re not ultimately convicted.
Are You Required to Take Field Sobriety Tests (Including the Portable Breath Test on the Side of the Road)?
You are not legally required to perform field sobriety tests. Police officers may ask you to complete them to gather evidence, but you have the right to decline. Refusing a field sobriety test is not the same as refusing a chemical test and does not carry the same immediate penalties.
However, declining field sobriety tests may influence an officer’s decision to arrest you or pursue further testing. These tests help establish probable cause to arrest.
Are You Required to Take Chemical Tests?
Once arrested or if the officer has probable cause, you will be asked to take a chemical test. Under the implied consent law, refusal triggers automatic license suspension:
- A first refusal results in a license suspension of at least 12 months.
- A second refusal within seven years can lead to a four-year suspension.
These suspensions apply even if you are later found not guilty of DWI.
Penalties for Refusing a Chemical Test
Refusing chemical testing comes with serious consequences, separate from DWI charges. License suspensions happen immediately—and they can last longer than a suspension for a DWI conviction.
You may also face additional fines or penalties. Furthermore, refusal can be used against you in court to imply consciousness of guilt, though this depends on the circumstances and how your lawyer argues the case.
Whether you should take sobriety tests is a tough question. Refusing chemical tests guarantees at least a one-year license suspension, making it a costly decision. On the other hand, consenting does not guarantee conviction. Chemical test accuracy can be challenged in court, especially if testing procedures were flawed or your rights were violated. If you consent to testing, your lawyer will review how the tests were conducted and determine your legal strategy from there.
Refusing field sobriety tests carries no immediate penalties. However, refusing may escalate the situation or strengthen the officer’s suspicion.
Discuss Your Case with a North Carolina DWI Attorney Today
North Carolina’s DWI and implied consent laws can create serious consequences for refusing sobriety tests. Refusing field sobriety tests does not carry direct penalties—but it can influence what police officers decide to do next. Chemical test refusals always lead to automatic license suspension and fines. Each case is unique, and decisions should balance immediate risks against potential longer-term consequences.
If you face a DWI charge or have questions about your rights during a traffic stop, contact Greenwood Law for experienced legal advice tailored to your situation.