If you're pulled over on suspicion of driving while impaired (DWI) in Charlotte, the officer may request that you submit to a breath test when you are arrested. You might be tempted to refuse, hoping to avoid providing evidence against yourself. However, North Carolina's implied consent law means that refusal comes with immediate penalties.
At Browning & Long, PLLC, our experienced Charlotte DWI defense lawyers understand the stress and confusion accompanying a drunk driving arrest. We're here to explain how the implied consent law in NC affects your case and explore potential legal defenses we can use to fight your DWI if your rights were violated during the testing process.
What Is the DWI Implied Consent Law in NC?
In North Carolina, all drivers are deemed to have consented to chemical analysis of their breath or blood if arrested for suspicion of DWI under N.C.G.S. § 20-16.2. This means that by driving on NC roads, you've essentially agreed to submit to testing if an officer has probable cause to believe you're impaired.
Under the implied consent law in NC, the officer must inform you of your rights regarding the test and the consequences of refusing. These rights include:
- Calling an attorney for legal advice
- Having a qualified person of your choice perform an additional test
- Selecting a witness to view the testing procedure
If you're unconscious or incapable of refusing, the test can be administered without your consent.
DWI Refusal Penalties Under the Implied Consent Law in NC
Refusing a breath test during a Charlotte DWI stop triggers automatic penalties under the implied consent law in NC. These penalties are separate from any criminal charges you may face for the DWI:
- Your driver's license will be revoked for one year, regardless of whether you're ultimately convicted of DWI.
- After six months, you may be eligible for limited driving privileges with an ignition interlock device installed on your vehicle.
- Additionally, your refusal can be used as evidence against you in court. The prosecution may argue that you refused because you knew you were impaired.
How to Challenge Implied Consent Violations
In some cases, breath test refusal penalties can be challenged if your rights under the implied consent law were violated. However, you must act quickly after a DWI arrest, as you have only ten days to request a hearing to contest your license revocation under the implied consent law in NC.
Our Charlotte DWI defense lawyers will examine every aspect of your arrest to determine if proper procedures were followed. Potential challenges we may raise to implied consent violations include:
- Lack of probable cause: To request a breath test, the officer must have a valid reason to believe you were driving while impaired. If they didn't have sufficient probable cause, the test results or refusal may be inadmissible in court.
- Failure to inform you of your rights: The officer must explain your rights regarding the breath test, including the penalties for refusal and the opportunity to call an attorney. If they didn't provide this information, your refusal may be challenged.
- Denied access to an attorney: You have the right to attempt to contact an attorney before submitting to a breath test. If the officer prevented you from doing so, it could be grounds to challenge the implied consent violation.
- Inadequate advisement of refusal consequences: The officer must inform you of the penalties for refusing a breath test, such as license revocation. Failing to provide this information could invalidate the refusal.
- Improper testing procedures: Breath testing equipment must be regularly maintained and calibrated, and a qualified individual must administer the test. If there were any issues with the equipment or testing process, the results may be unreliable, and your refusal may be justified.
If any of these violations occurred, we may be able to have the refusal penalties dismissed. We’ll also use all available defenses to get the DWI charges dismissed or reduced and ensure your rights are protected every step of the way.
