In North Carolina, there is an implied consent law in place. We at The Law Office of Kevin L. Barnett are here to explain the purpose of this law, as well as how it can impact you if you are pulled over and then suspected of driving while under the influence.
First, what is an implied consent law? In this case, it is a law that states you are giving your consent to submit to a Breathalyzer test if an officer determines that you should be given one. Simply by driving on public roads, you are implying that you agree to give a Breathalyzer test sample if asked.
So what if you refuse to take a Breathalyzer test after being requested to do so? In short, it can complicate the situation for you. In many cases, it is actually more harmful to refuse a Breathalyzer test than it is to face the results in court. This is because refusing the test with implied consent laws in place can result in large fees or even a license suspension of up to 6 months or more. In some states, you may even face jail time.
In many cases, even if you are off the hook for the DWI charges, you will still face the penalties related to refusing the Breathalyzer test. This can be a particularly large blow if these penalties are even worse than what you would be facing for the DWI charge alone.
Have you recently faced DWI-related charges and refused to take a Breathalyzer test? You may wish to seek the aid of an experienced DWI attorney, as they may be able to help as you take your stance in court.