Legal

Is It Possible Not To Take A Breathalyzer In North Carolina?

Is It Possible Not to Take a Breathalyzer In North Carolina?

Essentially, if you are stopped on the charge of driving under the influence of alcohol in North Carolina then you are allowed to turn down the breath test. But if you do so, you may have your driver’s license taken away for at least one year and your refusal may be used against you in court. In terms of North Carolina’s drunk driving laws, the requirement that drivers consent to a test of their BAC is in reality part of the implied consent doctrine which asserts that everyone who uses North Carolina roads is legally considered to have agreed to a chemical test in certain circumstances. The main objective of this doctrine is to support the drive to enforce laws against drunken driving.

According to the NCGS 20-16.2 Any law enforcement officer who has reasonable grounds for believing that a driver is under the influence of alcohol or any other drugs may require the driver to provide for a breath, blood, or urine test to determine the level of alcohol or drugs in his/her system. The refusal to take a test causes immediate administrable penalties the most severe among which is the withdrawal of the driver’s license for a specified amount of time starting from one year for the first offense. That is on top of any other fine that may be imposed if the driver is later convicted of DWI. Also, in court the accused can be charged that they have refused to undergo through a certain test. And the rationale of implied consent law is to ensure that the drivers give up drunk driving since it is hard to escape a DUI charge. The policy enhances the law enforcement measures to minimize traffic accidents and deaths resulting from drunken driving.

DWI Refusal for North Carolina Cops: What Happens Next

If Someone Refuses to Take a DWI Test? If you decline a PBT – the field-sobriety test ala the portable breathalyzer that officers carry out – the officer can arrest you on suspicion of violating the implied consent law and request you to take more accurate tests at the booking stage. If you continue to refuse to submit to chemical testing at the station, your license will be suspended immediately for 30 days, and this suspension can turn into a full one-year suspension you charged with an implied consent offense.

What Happens If You Say No to a Breath Test?

If you also decline to submit to a breathalyzer test at the station, your driver’s license gets suspended for 30 days. You may then be prosecuted for violating NCGS 20-16.2, and, upon conviction, the revocation period will be to one additional year or more as a consequence of such circumstances. Of course, you are entitled to the first thirty days of your suspension if you can secure a hearing and prove that the court had your license until the hearing.

These are the legal consequences of DWI breath tests refusal aside from that the court may impose on you. If you or someone you love has been charged with DWI, consult a Criminal Defense Representation in Charlotte, NC. Are you facing implied consent violation or DWI charge in North Carolina? If so, you require legal assistance from a serious DWI defense lawyer from our best list. To get more information call or visit The Emory Law firm today & call us (704)- 324-8500 now!