Whether you realized it or not, by receiving your drivers license you were entering into a contract with legislators in our state. Under North Carolina’s implied consent statutes, you are obligated to consent to a chemical test of your blood alcohol content if you are stopped on suspicion of driving while intoxicated.
Implied consent applies to any testing that is offered after you have been placed under arrest.
Can I Refuse?
Some people may want to refuse a breath or blood test because they are convinced that their BAC is at or above the legal limit of .08. Others want to refuse because they believe the test is an invasion of their privacy.
Although technically you may refuse a breath or blood test, doing so will not be without consequences.
For a first offense refusal, your license will be suspended for one year, although you may qualify for a limited license after six months. Note that this is not available to those with a prior DWI within the past seven years or to anyone involved in a DWI-related accident that resulted in injury or death.
Speaking to Your Lawyer
It is important to understand that no matter the circumstances of your DWI stop and arrest, speaking with an attorney is the best thing you can do to protect yourself as your case progresses.
If you are charged with an implied consent refusal, an experienced DWI attorney can work to restore your driving privileges and mitigate any additional penalties you could be facing.