Blood and Breathalyzer tests are commonly administered after a DWI arrest. They are used to establish your blood alcohol concentration (BAC) and to prove in court that you were driving over the limit. In North Carolina, the BAC limit is .08.
These test results are often the critical hinge in the state's case against you. Armed with a result of .08 or above — or with a chemical test showing illegal substances in your system that impaired your driving — the state can more readily obtain a conviction.
Refusal To Take A Blood Or Breathalyzer Test
While it may seem tempting to refuse to provide the state with the evidence it needs to convict you, refusal poses its own set of consequences, which may be severe. North Carolina has an implied consent law. By driving on the state's roadways, you consent to take a blood or breath test if you are lawfully stopped on suspicion of DWI. If you refuse, you can face significant penalties, including revocation of your driver's license and potential jail time. The exact consequences will depend on your prior record.
How To Challenge Test Results
Fortunately, there are often ways to challenge the test results. One method is to seek their suppression — that is, to prevent the results from being used against you as evidence. A careful examination of the specific circumstances of your case is necessary to analyze:
- Whether the law enforcement officer had a legal basis to pull your vehicle over
- Whether the officer had probable cause to arrest you and conduct the test
- Whether the officer informed you of your rights, as required by law
- Whether the officer violated your rights in other ways
Additionally, in rare situations, the tests may not have been properly conducted or the results may have been tainted in some way.
Dedicated DWI Attorney
You should always have an attorney review your case to determine possible legal grounds for challenging the evidence. At The Law Office of Kevin L. Barnett in North Carolina, we have more than three decades of experience handling DWI cases. We understand what to look for in analyzing the state's weaknesses, and we draw on extensive legal knowledge to build strong defensive strategies.
Our legal team includes a former prosecutor with experience handling DWI cases from both sides. With our firm on your side, you can have peace of mind knowing your case is in good hands.
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Call 704-899-5574 for our Charlotte office. You can also send us an email. Initial consultations are free of charge. Language translation services are available by request.
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