Refusing a Breathalyzer in Charlotte After a Prior DWI

While you may be able to physically refuse a breathalyzer or other chemical test, it is recommended that you comply with any tests after you are arrested. This can help you avoid further DWI penalties.

Understanding North Carolina’s Implied Consent Law

One of the Charlotte DWI laws that applies after a DWI arrest is the Implied Consent Law. Under this law, all drivers in North Carolina have given implied consent to chemical testing if law enforcement has reasonable grounds for a DWI arrest.

After you are arrested, a law enforcement officer will likely take you to the Arrest Processing Center at 801 E. 4th St. Here, they can request that you submit to a breathalyzer test or another form of chemical test, such as blood or urine. Refusing this test violates the implied consent law, triggering additional penalties.

Chemical tests are important pieces of evidence in a DWI case. In North Carolina, BAC levels were available for 75% of convictions.

What Happens If You Refuse a Breathalyzer in Charlotte

During your criminal trial, prosecutors may use your chemical test refusal as evidence against you. They may argue that you refused because you believed the test would show you were impaired. Refusal alone does not prove guilt, but it can still be used as one element of the prosecution’s case.

One of the most immediate consequences of refusing a breathalyzer is losing your driver’s license. Refusing testing can mean your license is suspended for one year. This is an administrative penalty that is managed through the DMV.

Because it is an administrative penalty, it is separate from your criminal case. Even if you are found not guilty of a DWI or your charges are dismissed, you can still lose your license for refusing the test.

How a Chemical Test Refusal Changes a Multiple DUI Case

Having a prior DWI conviction already escalates a DUI case. North Carolina courts consider prior DWI convictions a grossly aggravating factor, which can increase the severity of the DWI penalties if you are convicted again.

Refusing a breathalyzer test adds another legal challenge to an already complex case. On top of having a criminal record, refusing to submit to testing can be another point against you, which can make negotiations more difficult and complicate your defense strategy.

The Difference Between Field Tests and a Chemical Test

Standardized field sobriety tests (SFSTs) and chemical tests are two distinct ways to investigate a DWI case. Understanding the difference is important, as it determines whether a breathalyzer is covered by the implied consent law or can legally be refused without penalties.

Law enforcement officers can conduct several different forms of tests during a traffic stop to determine whether a driver is impaired. The results of these tests can lead to an arrest. SFSTs are often used, including:

• The Walk-and-Turn test
• The Horizontal Gaze Nystagmus test
• The One-Leg Stand Test

Sometimes, law enforcement also uses portable breath tests to collect your BAC during a traffic stop. You are permitted to refuse roadside tests.

It is once you are arrested that you can no longer refuse a chemical test. Though it may seem similar to a portable breath test, a breathalyzer is covered by the implied consent law. Chemical tests provide measurable data that prosecutors may use as evidence, compared to field sobriety tests, which involve more qualitative results.

Why You Should Hire a DWI Lawyer from The Law Office of Kevin L. Barnett

The Law Office of Kevin L. Barnett has more than 30 years of criminal defense experience. When it comes to multiple DWI cases and chemical test refusal, we can defend your rights and explain how these two aggravating factors affect your case. Our team works tirelessly to defend our clients, often achieving outcomes such as not-guilty verdicts, reduced charges, or dismissed charges.

FAQs for Charlotte Criminal Defense Lawyers

Q: How Can You Get Your License Back After a DWI in North Carolina?

A: The process for restoring your driver’s license after a DWI can vary, but it starts with completing the full length of the suspension. For a chemical test refusal, this means waiting 12 months. You must also obtain a certificate of completion for a substance abuse treatment program or an alcohol and drug education traffic school that is authorized by the Department of Health and Human Services. Additionally, you must pay a fee to restore driving privileges.

Q: How Many Drinks Is .08 on a Breathalyzer?

A: The number of drinks needed to reach 0.08% BAC on a breathalyzer depends on your personal metabolism and health. For most people weighing 180 lbs., it takes four drinks to reach this limit. However, if your driving abilities are at all impacted by alcohol, do not drive. You can be charged with a DUI even if your BAC is below 0.08%.

Q: Can a DWI Be Dismissed in North Carolina?

A: Yes, a DWI can be dismissed in North Carolina, though this is rare. Dismissal is difficult to achieve and often involves a strategic defense. Common grounds for dismissal include if the officer did not have reasonable cause to conduct a traffic stop, if a chemical test was not properly administered, or if there was a lack of probable cause to arrest you.

Q: Can Police Still Gather Evidence Without a Breathalyzer?

A: Yes, a breathalyzer result is only one form of evidence, and police can gather several different types of evidence in a DWI case. Even without a chemical test result, a police officer may use evidence of your driving behavior, your statements during the traffic stop or arrest, witness statements, performance of field sobriety tests, body camera footage, or physical signs of impairment, such as slurred speech.

Contact The Law Office of Kevin L. Barnett Today

If you have refused a chemical test or are unsure about your rights, do not hesitate to reach out to a Charlotte DWI attorney. Contact The Law Office of Kevin L. Barnett to set up a case consultation and learn how an experienced DWI attorney can help protect your rights and pursue a favorable outcome.