In North Carolina, you have the right to refuse to take a breathalyzer test. In fact, the person administering the test – the police officer himself or the breathalyzer technician – is required to provide you with a written explanation of your rights.
If you are able to have someone – including an attorney – come to watch you get breathalyzed, that is best. Often, though, people don’t have an attorney to call.
They often have to make a quick decision about whether to blow into the breathalyzer machine or not.
If you refuse a breathalyzer test, your license will be revoked for one year, even if you are not convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.
An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of the DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.. Here is how it works. Your driver’s license is revoked for 30 days. During that 30 days you can apply for Limited Driving Privileges (LDP) as described above. At the end of the 30 day period, you will probably get your license back.
About 2 to 3 months after your arrest, you will get a letter from the DMV telling you that you refused to take a breathalyzer test, and, as a result, your license will be suspended for a year. North Carolina can do this because North Carolina considers a DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. an implied consent offense: meaning that by having a Driver’s License in the first place, you consented to any breathalyzer tests lawfully demanded by a police officer. The fact that you refused to take the test, means that you violated the “implied consent” and lose your driving privileges for a year.
Once you receive the letter from the DMV about the year-long revocation of your license, you have 10 days in which to request a hearing. This hearing is in front of a DMV hearing officer, not a judge. The DMV hearing officer will only consider whether the officer had “probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.” to pull you over and request a breathalyzer test. If the DMV hearing officer finds that the police officer did have “probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.,” then you will lose your license for a year.
If the DMV hearing officer finds that the officer did not have “probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.,” then you will not lose your license.
In 90% of the cases, the DMV hearing officer will find that the officer had “probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.,” and will revoke your license for the year.
Note that a DMV hearing officer is not a judge. A DMV hearing officer’s ruling as to probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury.) of an individual. In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed. has no effect on your DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. case.
The bad news is that during the first 6 months of your year-long revocation for refusing to submit to a breathalyzer you have no right to drive at all. You cannot apply for Limited Driving Privileges. However, after the 6 months are up, you have a right to apply – and will normally get – Limited Driving Privileges.
Refusing to blow into a breathalyzer, therefore, results in some harsh punishments: the loss of any right to drive in North Carolina for six months. But refusing to blow into a breathalyzer can improve your criminal case, because the prosecution will not be able to show what your blood alcohol level (BACBAC stands for Blood Alcohol Concentration (or Breath Alcohol Concentration). It is a percentage of how much alcohol is in the body. In North Carolina and all states in the United States, a BAC of .08 or above while operating a vehicle is a violation of the law. A judge or jury may, but is not required to, find you guilty of DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina's DWI is a misdemeanor, punishable by up to three years in jail. in such a case.) was at the time of your arrest.
Wake County lawyer Damon Chetson helps people accused of serious felonies, misdemeanors, drug charges, DWI and traffic offenses in Raleigh, Apex, Chapel Hill, and Cary, NC. Chapel Hill lawyer Damon Chetson also represents people charged with felonies and criminal charges in Raleigh, Cary, Apex, Chapel Hill, and Durham, North Carolina. Our lawyers are available day or night, weekdays or weekends. Call (919) 352-9411 for a free consultation.
