Can You Refuse a Breathalyzer Test in North Carolina?

If you’re pulled over on suspicion of drunk driving in North Carolina, you are within your rights to refuse to take a breathalyzer test. However, if you do so, your driver’s license may be suspended for at least one year, and your refusal can be presented as evidence against you in court.

What Is Implied Consent?

In the context of North Carolina’s drunk driving laws, implied consent is a legal principle that holds that anyone who drives on the state’s roadways has implicitly agreed to submit to a test of their blood alcohol concentration (BAC) under certain conditions. The core purpose of this doctrine is to facilitate the enforcement of laws against impaired driving.

Per NCGS 20-16.2, if a law enforcement officer has reasonable grounds to believe that a driver is under the influence of alcohol or drugs, they can require the driver to take a breath, blood, or urine test to measure the alcohol or drug content in their system. Refusing to take the test can lead to immediate administrative consequences, including the automatic revocation of the driver’s license for a period, starting at one year for a first offense. That is in addition to any other penalties that might be imposed if the driver is subsequently convicted of driving while impaired (DWI). Moreover, their refusal to submit to a test can be used against them in court.

The rationale behind the implied consent law is to deter drunk driving by making it difficult for drivers to avoid the consequences of being caught driving under the influence. It supports law enforcement efforts to reduce traffic accidents and fatalities caused by impaired driving.

What Happens If You Refuse a DWI Test in North Carolina?

If you refuse to take a preliminary breath test (PBT) – the kind conducted by officers in the field using a portable breathalyzer test – the officer can arrest you on suspicion of violating the implied consent law and ask you to submit to more accurate testing during booking. If you still refuse to chemical testing at the station, your license will immediately be revoked for 30 days, and the revocation could become a one-year suspension if you are convicted of an implied consent violation.

What Are the Penalties for Refusing a Breathalyzer Test?

If you refuse to take a breathalyzer test at the station, your driver’s license will be immediately revoked for 30 days. Prosecutors may subsequently charge you with a violation of NCGS 20-16.2, and if convicted, the revocation will be extended to one year or longer, depending on the circumstances. You can be credited for the first 30 days if you request a hearing and show that the court retained possession of your license throughout the entirety of the first 30 days.

These penalties for breathalyzer refusal are in addition to any the court might impose on you if it finds you guilty of DWI.

What Are Your Rights During a DWI Stop?

You have certain fundamental rights during a DWI stop in North Carolina, including the following:

• The right to remain silent – You have the right to remain silent because anything you say can be used against you in court. You can politely decline to answer incriminating questions beyond providing your name, driver’s license, and vehicle registration.
• The right to refuse field sobriety tests – In North Carolina, you are not legally required to participate in field sobriety tests (such as walking in a straight line or standing on one leg). These tests are subjective and can be failed for reasons unrelated to alcohol consumption. However, it’s crucial to understand that refusing these tests can lead to further actions from the officer, including arrest, based on suspicion of impairment.
• The right to refuse preliminary breathalyzer tests – Before arrest, you may also refuse preliminary breath tests without automatic legal penalties. However, the officer can use your refusal as part of their probable cause assessment to arrest you for DWI.

However, under North Carolina’s implied consent law, once you are arrested, you must submit to chemical testing (such as a breathalyzer test at the station, blood test, or urine test) to determine your BAC. Refusal to submit to these tests post-arrest can lead to immediate license revocation and other penalties.

What If the Police Do Not Give a Test?

Police officers do not need to give a driver a breathalyzer test to arrest them on suspicion of DWI. The evidence obtained through a breathalyzer test is just one factor that may go into establishing probable cause for arrest.

Are Breathalyzer Results Admissible in North Carolina Courts?

In North Carolina, certain breathalyzer test results are admissible in court and can be a critical piece of evidence in DWI cases. However, the admissibility and the weight given to breathalyzer results depend on the type of device used and the circumstances under which the test was administered.

Preliminary breath tests (PBT) are often used by law enforcement officers during a traffic stop to help establish probable cause for a DWI arrest. These tests are performed with handheld devices, and their primary purpose is to provide a quick measurement of a driver’s breath alcohol content.

The results from PBTs are generally not admissible in North Carolina courts to prove a specific BAC level. That is because PBTs are considered less accurate than the evidentiary breathalyzer machines used at police stations. However, the fact that a PBT was administered and whether the result was positive for the presence of alcohol can be used to support the officer’s decision to arrest the individual for suspected DWI.

After a DWI arrest, the individual is usually taken to a police station or a similar facility where a more accurate and sophisticated breathalyzer test is administered. This test is performed using an evidentiary breath alcohol testing device, such as the Intoximeter Model Intox EC/IR II, which is approved and regulated by the state.

The results from these evidentiary breath tests are admissible in court to prove a driver’s BAC level. North Carolina law provides specific procedures and regulations for administering these tests, including observation periods, calibration and maintenance of the devices, and training for the operators. Adherence to these procedures is crucial for the results to be considered valid and admissible in court.

Contact a North Carolina DWI Defense Lawyer

Have you been charged with an implied consent violation or DWI in North Carolina? If so, you deserve help from a serious DWI defense attorney. Contact The Law Offices of John Drew Warlick, P.A., today to get started.

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