When law enforcement suspects someone of driving while impaired, they often request a breath test to measure the driver’s blood alcohol concentration. If you find yourself in this situation, you might understandably wonder if you have the right to refuse this type of test during a traffic stop.
The most important thing to keep in mind is that the decision to refuse this test carries significant consequences.
Understanding North Carolina’s implied consent law
North Carolina follows an implied consent law. The law declares that by driving on public roads, drivers automatically consent to chemical testing if law enforcement suspects impairment. This includes breath, blood or urine tests. Refusing to take a breath test can result in immediate penalties, regardless of whether the driver was actually impaired.
The consequences of refusing chemical testing
A refusal of a breath test triggers an automatic 30-day civil license revocation, followed by a possible 12-month revocation after a hearing. The driver may also face fines and the installation of an ignition interlock device if they wish to regain their driving privileges. Additionally, a refusal can become evidence in court, which may make it more difficult to defend against a DWI charge.
Motorists in North Carolina do have the right to refuse a breath test during a traffic stop, and some might reasonably choose to do so if they believe the results of the test might be inaccurate. However, implied consent laws state that refusing a test comes with harsh penalties. Choosing to comply with the test may lead to fewer penalties and a more straightforward legal process.
