What Happens if You Refuse a Breathalyzer or Blood Test?

In North Carolina, you have the legal right to refuse to take a breath or blood test if officers pull you over and suspect you of driving while impaired (DWI). However, refusing a breathalyzer or blood test comes with consequences. If officers arrest you for DWI and you refuse to submit to testing, the DMV will automatically suspend your driver’s license for one year.

Implied Consent Laws: Why a Police Officer Can Breath Test You

North Carolina has a law known as the Implied Consent Law. When driving on the roads of this state, you are consenting to drug and alcohol testing if pulled over by an officer on suspicion of impaired driving.

The implied consent law lays out the legal basis for an officer to require chemical analysis as the following:

“Any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense. Any law enforcement officer who has reasonable grounds to believe that the person charged has committed the implied-consent offense may obtain a chemical analysis of the person.”

Before any type of chemical analysis, officers take you to a chemical analyst authorized to administer a test of your breath or to a law enforcement officer authorized to administer a chemical analysis of your breath.

Your Rights During Blood or Breath Sample Blood Alcohol Test

The person who tests you must inform you orally and also give you a notice in writing telling you:

• You face charges for an implied-consent offense.
• Under the implied-consent law, you can refuse any test, but the DMV can revoke your driver’s license for one year or longer under certain circumstances.
• An officer can compel you to take the testing under other laws.
• Test results, or the fact of your refusal, will be admissible in evidence at trial.
• You face revocation of your driving privilege for at least 30 days if you refuse any test.
• You face revocation of your driving privilege immediately if your breath samples show a test result over the legal limit of 0.08 or more. (0.04 or more if you were driving a commercial vehicle, or 0.01 or more if you are under the age of 21)
• After officers release you, you may seek your own test in addition to this test.
• You may call an attorney for advice and select a witness to view the testing procedures remaining after the witness arrives. However, you may not delay the breath test or blood tests for longer than 30 minutes from the time officers notify you of your rights. You must take the test at the end of 30 minutes even if you have not contacted an attorney or your witness has not arrived.
• These rights apply to everyone who drives on highways, streets, and roads in North Carolina. Even if you possess another state’s driver’s license, you may lose your license for an offense in NC.

If you drive a vehicle on a highway or public vehicular area, you give consent to law enforcement officers to perform a chemical analysis if they charge you with an implied-consent offense.

Any police officers who have reasonable grounds to believe that you committed an implied-consent offense may obtain your chemical analysis after charging you with impaired driving.

When Do You Legally Submit to Breathalyzer or Chemical Tests?

You may wonder what happens before you legally need to submit to testing or face getting your license suspended. Before you can lose your license and find yourself in legal trouble, a few things must happen.

You are not required by law to take any roadside tests, including a portable roadside breathalyzer test. You won’t lose your license when you legally refuse all roadside sobriety tests. Fields sobriety test performance is notoriously unreliable, so when a person refuses these tests at a traffic stop, they do not face immediate suspension of their driving privileges under state law.

However, if officers decide to arrest you for suspected driving while impaired (DWI), your arresting officer may then take you to the police station for a breath or blood sample. 

So before you must legally take a breath test or lose your license and face a possible DWI conviction, state laws require these things to happen:

• You are arrested
• You have a chance to call your attorney or a witness to watch any breath testing machine blood alcohol concentrations or blood samples taken as a chemical test.
• An officer will read you the rights listed above
• An officer will give you a written copy of the rights above
• You get 30 minutes for your witness or attorney to show up once a police officer reads your rights to you

What Happens if You Refuse a Breathalyzer Test?

Once you refuse blood alcohol concentration blood or breathalyzer tests at the station, you lose your license. After your license suspension due to refusal, you may appeal to the court for limited driving privileges.

Sometimes, an experienced DWI attorney may help you receive a hardship license. Such privileges only allow driving for school, work, and rehabilitation programs.

There is also a possibility that you can drive with an ignition interlock device or a blood alcohol concentration monitor on your person.

It doesn’t matter if law enforcement doesn’t have a record of your BAC level. When you go to court, they will likely interpret your refusal of breath tests as an admission of impaired or drunk driving. They may also have other evidence to prove your impaired driving of a motor vehicle.

Our DWI Defense Attorneys Help Fight Your DWI Charges

If you’re facing severe penalties and a criminal record for a DWI/ DUI conviction, let Scharff Law Firm defend your rights and find your best defense.

The law regarding implied consent and breathalyzer or chemical tests is complex. Contact us to learn more about the specific laws in North Carolina and how we can protect you from a DWI conviction.

Let our experienced DWI attorneys fight the charges against you. Call Scharff Law today for a free consultation. We’re here to help!