If you were pulled over for driving while impaired in North Carolina, you may be wondering, “what happens if you refuse a breath test?” Due to North Carolina’s implied consent law, any driver operating a vehicle on a public road is required to submit to a chemical test upon a lawful arrest for a DWI. Refusing such a test can result in both civil and criminal penalties that significantly impact your life and livelihood. Critically, when you refuse a breath test, your license and driving privileges can be revoked by the DMV before the outcome of your criminal case is determined.

Key Takeaways

What is North Carolina’s Implied Consent Law?

Like every other jurisdiction, North Carolina has an implied consent law. This means that by driving on a public road, you automatically give your consent to chemical testing if you are arrested for a DWI. The law applies to breath, blood, and urine tests. However, it’s essential to be aware that an officer is required to inform you of certain rights if you decide to refuse a breath test.

Under North Carolina’s implied consent law, the following notifications are required:

• The right to select a witness: The officer must inform you that you have the right to consult with an attorney and have a witness present during the breath test
• The right to independent testing: Under North Carolina law, the officer is required to advise you regarding your right to have a qualified person of your choice render an additional chemical test.
• The consequences of a refusal: The officer must tell you that refusing to submit to a chemical test will result in immediate license revocation by the DMV.
• The consequences of failing the breath test: The officer must explain the consequences associated with failing a breath test.

Typically, you have 30 minutes after being informed of your rights under the implied consent law to contact an attorney or witness. Testing may not be delayed for more than 30 minutes after being notified of your rights.

What are the Consequences of Refusing a Breath Test?

If you are wondering what happens if you refuse a breath test, it’s important to understand that your driver’s license will be revoked immediately. In addition, your driving privileges can be suspended for a period of one year or more, before your case is even heard in court. These are administrative penalties invoked by the DMV after being charged with an implied consent offense. In the event you have been found guilty of an implied-consent offense in court, your driving privileges can be revoked for one year, or even longer under certain circumstances. You could also potentially face additional penalties for the separate DWI charge.

How Can You Defend Against a Breath Test Refusal?

Refusing a breath test prevents the prosecution from having evidence of your blood alcohol concentration at the time of your arrest. But it does not stop the state from moving forward with a DWI case against you. Without a breath test, the prosecution may rely on other evidence, such as an officer’s observations, the results of a field sobriety test, or statements you made during the stop. In addition, the refusal itself is admissible as evidence at a DWI trial under North Carolina law. While a refusal cannot prove guilt, it can still influence the judge or jury.

Although the implied consent law is strict, you may still have certain defenses available when you refuse a breath test, depending on the facts of your case. These can include:

• Asserting procedural errors: If the officer did not inform you regarding your rights regarding the breath test or the consequences of a refusal, you may have a valid defense to refusing the breath test.
• Arguing lack of probable cause: In order to request a breath test, the arresting officer must have a valid reason to believe that you had been operating your vehicle while impaired. In the event they lacked probable cause, evidence of your refusal may be inadmissible in court.
• Challenging the testing protocols: If the officer did not follow the proper procedures or testing protocols, you may be able to raise this issue when challenging a refusal.
• Raising medical issues: If you have medical problems or physical limitations (such as conditions that cause breathing issues) that would prevent you from taking a breath test, you may argue that the refusal was not willful.

You also have the opportunity to contest your license revocation with the DMV. Specifically, you have the right to request a hearing within 30 days to dispute the automatic one-year license suspension.

Contact an Experienced North Carolina DWI Attorney

If you were charged with a DWI and have questions about what happens if you refuse a breath test, it’s crucial to have a skilled criminal defense attorney by your side to fight the charges against you. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law are committed to providing reliable representation and adept advocacy to clients facing DWI charges in North Carolina. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.