Drivers in Kenly, North Carolina could face serious consequences when a routine traffic stop turns into a driving-while-intoxicated (DWI) investigation. Drivers should understand how their actions during a traffic stop can impact their ability to retain license and driving privileges.
One action that causes a driver to lose privileges is refusal of a breathalyzer test.
What happens when you refuse to take a breathalyzer
North Carolina’s implied-consent law generally requires drivers to submit to chemical testing when law enforcement has legal grounds to believe they are driving while impaired. If a driver refuses a breathalyzer during a DWI stop, the following key points should be considered:
- Know the consequences of a refusal: A willful refusal to take the official post-arrest chemical test can lead to a one-year license suspension in North Carolina even if the DWI charges are dropped or the driver is found not guilty. In addition, the driver could also face an immediate 30‑day license revocation upon refusal. During the first six months of the one‑year suspension, the driver will not be eligible for a restricted license to drive to work or for any other purpose.
- Understand what evidence officers can use: A refusal does not prevent officers from relying on other evidence. They can still consider driving behavior, physical appearance, statements and field sobriety test results.
- Consider how prior offenses may affect you: A prior DWI or license revocation can increase the penalties for refusal. Moreover the driver’s record can play an important role in the eligibility for retaining some driving privileges after refusal.
It is crucial to respect deadlines, especially when the NCDMV suspends license due to a refusal. A driver will generally have 10 days from the date NCDMV serves or mails the suspension order to request an administrative hearing and they must pay a $450 filing fee. If the driver misses the deadline, they may lose the right to challenge the suspension.
Getting back on the road after a refusal
Knowing about North Carolina’s implied-consent laws may help a driver make the right choice when it comes to dealing with a traffic stop. If a driver has refused a breathalyzer, a criminal defense lawyer can help challenge the consequences when appropriate and work toward protecting the driver’s driving privileges.
