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It’s late at night, and you’re driving home after dinner with friends. You see the flashing blue lights in your rearview mirror and feel a wave of panic wash over you. The officer approaches and, after a brief exchange, asks you to take a breathalyzer test. In that moment, a million questions flood your mind. Do you have to take the test? What happens if you refuse?
In North Carolina, answering these questions starts with understanding the implied consent law (N.C.G.S. § 20-16.2). By driving on public roads in this state, you’ve already given “implied consent” to submit to a breath or blood test if an officer lawfully requests one during a DWI investigation. But here’s the catch: you can refuse the test—but doing so isn’t without consequences.
What Happens If You Refuse a Breathalyzer?
Refusing a breathalyzer might seem like a quick way to avoid trouble, but it often leads to significant legal and practical repercussions. Let’s break them down:
1. License revocation
If you refuse, your driver’s license will face an immediate 30-day civil revocation. After that, under the implied consent law, you could lose your license for an additional 12 months.
Imagine waking up the next day and realizing you can’t legally drive to work, pick up groceries, or even attend a family gathering. The loss of mobility alone can be life-altering.
2. Evidence against you
Here’s a tough pill to swallow: your refusal can be used against you in court. Prosecutors often argue that refusing a breathalyzer is a sign of guilt—a suggestion that you knew you were impaired and didn’t want to provide evidence to confirm it.
For example, in court, a prosecutor might point to your refusal and say, “If they weren’t impaired, why didn’t they just take the test?” This can create an uphill battle for your defense team.
3. No guaranteed avoidance of testing
Think refusing the test means you won’t be tested at all? Not so fast. If the officer has enough evidence to suspect impairment, they can obtain a warrant to conduct a blood test. This process takes longer, but it’s a tool law enforcement regularly uses to bypass refusals.
4. Limited driving privileges
Losing your license for 12 months isn’t the end of the story—you may be eligible to apply for limited driving privileges after 6 months. However, this doesn't happen automatically. You must petition the court and meet any requirements prescribed by the judge.
These privileges are typically restricted to specific purposes, like driving to work or medical appointments. Even then, the inconvenience can be immense.
To refuse or not refuse?
Let’s take a step back. Refusing a breathalyzer might feel like a way to retain some control in a nerve-wracking situation, but it’s often more complicated than it seems.
Consider this: If you take the test and your blood alcohol content is under the legal limit (0.08% for most drivers over 21), you might avoid a DWI charge altogether. On the other hand, refusing the test can still lead to serious penalties and doesn’t guarantee you’ll avoid being charged.
The big picture
Facing a breathalyzer request can feel overwhelming, especially if you’re unsure of your rights. Remember, you have the right to remain silent and consult an attorney before making decisions. In fact, one of the smartest moves you can make is to ask for legal counsel as soon as possible.
If you find yourself facing a DWI charge or the consequences of a refusal, don’t navigate the legal maze alone. Consult an experienced DWI attorney who can help you understand your options and fight for your rights.