What Happens If You Refuse A Breath Test In North Carolina?

Most people know that taking a breath test at a traffic stop can determine whether they have a blood alcohol content (BAC) over the legal limit. This knowledge may lead you to question whether refusing the breath test could help avoid drunk driving penalties.

Can You Refuse a Breath Test in North Carolina?

If an officer pulls you over and asks you to take a breath test, you may wonder if you can refuse that test. The simple answer is that, yes, you are allowed to refuse a breath test to measure your BAC. However, that refusal to submit will come with consequences.

Legal Consequences of Refusing a Breath Test

While you do have the right to refuse a breath test, North Carolina’s implied consent laws impose a variety of penalties on you. These penalties include:

• Driver’s license revocation—If you refuse to take any drug test when an officer asks, your license will immediately be revoked for 30 days.
• Implied consent offense charges—After the opportunity for a separate hearing to address your breath test refusal, the court will revoke your license for an additional year. This revocation will remain in effect even if the court does not find you guilty of drunk driving.

These penalties are in addition to any penalties you may face for the drunk driving charges.

Should You Refuse a Breath Test?

While you can refuse a breath test, it’s crucial to understand how losing your driver’s license could disrupt your daily life. Consider the long-term impact of a revocation before deciding whether to comply with an officer’s request.

Conclusion: Protect Your Rights with Experienced Legal Counsel

Navigating the consequences of refusing a breath test can be overwhelming, especially when you’re also facing potential drunk driving charges. It’s important to know your rights and make informed decisions to minimize the impact on your life.

At Butler, Quinn & Hochman, PLLC, our experienced attorneys are here to guide you through the legal complexities of DWI charges, license revocations, and implied consent offenses in North Carolina. If you’re facing these challenges, don’t face them alone. Contact us today to protect your rights and work toward the best possible outcome for your case.