North Carolina has an implied consent law that requires you to submit to a breathalyzer test or face certain mandatory consequences. Refusal can result in civil sanctions, including an administrative suspension of your driver’s license. As such, it’s important that you know the consequences of refusing a breathalyzer in North Carolina so that you can make informed decisions after an arrest.
North Carolina’s Implied Consent Law
North Carolina’s implied consent law deems every driver to have consented to a chemical test of their breath, blood, or urine to check for the presence and quantity of alcohol or drugs in their system following an arrest for DWI. The implied consent law only applies to breathalyzer tests conducted at a police station following a DWI arrest. The law does not cover portable breathalyzer tests that police may perform during a traffic stop as a field sobriety test. A driver may refuse to submit to a portable breathalyzer test on the roadside without consequence. However, refusing field sobriety tests may give police reason to further investigate a motorist for intoxicated driving.
When requesting a chemical test, an officer must notify the driver that:
- The driver faces charges for intoxicated driving
- The driver may refuse a test, but will face a suspension of their driver’s license
- The police may compel the driver to submit to a test under other laws
- The prosecution may introduce the results of a chemical test or the fact of the driver’s refusal at trial
- The driver will face an immediate 30-day suspension for refusing a test or having a BAC of 0.08 or more, 0.04 or more when driving a commercial vehicle, or 0.01 more when younger than 21
- The driver may obtain independent testing after their release from custody
- The driver may contact an attorney for advice and have a witness view the testing procedures, but the police will not delay the test more than 30 minutes
A driver may refuse to submit to a chemical test after a DWI arrest. However, a refusal can trigger various administrative sanctions under the implied consent law, regardless of whether a driver faces prosecution or conviction for DWI.
Immediate Consequences of Refusing a Breathalyzer
A driver who refuses a breathalyzer test after a DWI arrest will face an immediate 30-day suspension of their driver’s license. Furthermore, the police will communicate the driver’s refusal to the North Carolina Department of Transportation, which may impose a license suspension of 12 months (or more, in certain circumstances). Drivers will face license suspensions even if prosecutors choose not to pursue DWI charges or if a driver obtains a dismissal or acquittal.
Criminal Implications and How Refusal Can Affect a DWI Case
A driver’s refusal to submit to a breathalyzer test will not necessarily help their defense. Prosecutors can still pursue a case without chemical test results based on other evidence of a driver’s intoxication, such as the officers’ testimony about the driver’s conduct behind the wheel, their physical appearance, or their demeanor. Furthermore, courts can use a driver’s refusal of a test as evidence of consciousness of guilt.
Options for Challenging a Refusal Suspension
A driver who faces a license suspension for a breathalyzer test refusal can request a hearing to challenge the suspension within ten days of receiving notice of the suspension. Drivers may seek to overturn a suspension by showing that officers failed to notify the driver of their rights and the consequences of refusal or that the driver did not refuse a test (although courts may view anything less than express agreement to testing as a refusal).
Video: Understanding DWI Refusals in North Carolina
Refusing a roadside breath test and refusing a chemical test after a DWI arrest can have very different consequences in North Carolina. In this video, Attorney Dylan W. Greenwood explains the distinction and why refusing a breath or blood test at the station can result in an automatic one-year driver’s license suspension.
Contact a DWI Defense Attorney Today
Being charged with a DWI in North Carolina does not necessarily mean you will be convicted. You deserve an attentive, reassuring defense attorney who will protect your rights and help you seek the fair resolution you deserve. Contact Greenwood Law today, and let’s discuss your situation during a confidential consultation.