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 or prescription drugs in your system that impaired your driving — the state can more readily obtain a conviction.
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. That’s because 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, including previous DWI offenses.
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:
Additionally, in rare situations, the tests may not have been properly conducted or the results may have been tainted in some way.
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 criminal defense attorney with extensive experience handling DWI cases. With our firm on your side, you can have peace of mind knowing your case is in good hands.
Blood and breath test refusal can have serious consequences in North Carolina, which is why it’s always a good idea to talk to an attorney who understands the law and can explain it to you in a straightforward manner. At The Law Office of Kevin L. Barnett we will explain matter to you in a way you can understand all while protecting your rights and best interests to the best of our ability.
If you would like to schedule a free initial consultation with our highly skilled and experienced attorney, contact our Charlotte office today to make an appointment. Call 704-334-2044 or you can also send us an email with a brief description of your case.