Will my NC driver’s license be suspended if I refuse to blow or if I'm arrested for DWI?

License Suspension for Willful Refusal to Breathalyzer or Chemical Testing

The laws of most states, including North Carolina, highly encourage a person suspected of driving under the influence to submit to chemical analysis (i.e. breath or blood test). Such laws do so through the consequences implemented when a person refuses such testing. Specifically, North Carolina General Statute (N.C.G.S.) 20-16.2(a)(1) informs a driving under the influence suspect that they may refuse any chemical test, but doing so will result in their driver’s license being revoked for a period of one year, and in some cases even longer.

This often means that if you refuse a chemical test, your driver's license will be revoked for one year. It's important to know the difference between the various breath-testing instruments and the consequences of refusing to blow in these devices. For example, an alcohol screening test, often referred to as a Preliminary Breath Test (PBT), is a breath test that is typically administered roadside before you are arrested. Refusing to submit to this test is not considered a willful refusal and will not revoke your driver's license for a period of one year. Thus, an alcohol screening test is not considered a chemical test for this purpose. However, a breath test using the Intoxilyzer 5000 or Intox EC/IR II, as well as a blood draw, are considered chemical tests. If you refuse to submit to these tests, your driver's license may be revoked for a period of one year. The Intoxilyzer 500 and Intox EC/IR II are generally administered after you have been arrested and left the scene.

License Suspension After Being Charged and/or Arrested for DWI

Under North Carolina General Statute (N.C.G.S.) 20-16.5(b), a person driving under the influence is subject to civil revocation of their driver’s license if the following applies:

A law enforcement officer has reasonable grounds to believe that the person has committed an implied consent offense;
The person is charged with an implied consent offense;
The law enforcement officer and the chemical analyst comply with the procedures of G.S. 20-16.2 and G.S. 20-139.1 in requiring the person's submission to or procuring a chemical analysis; and
The person
- Willfully refuses to submit to the chemical analysis;
- Has an alcohol concentration of 0.08 or more within a relevant time after the driving;
- Has an alcohol concentration of 0.04 or more at any relevant time after the driving of a commercial motor vehicle; or
- Has any alcohol concentration at any relevant time after the driving and the person is under 21 years of age.

When your driver's license is revoked under N.C.G.S. 20-16.5(b), the minimum period of revocation is either 30 or 45 days depending on when your driver’s license was surrendered. If your driver’s license is surrendered within five (5) working days of the revocation (generally the day you were charged), the minimum revocation period is 30 days. If your driver’s license is not surrendered within five (5) working days of the revocation, the minimum revocation is generally 45 days from the date you surrender your driver’s license. Additionally, if you have a pending driving under the influence charge or other implied consent offense, your driver's license will be suspended indefinitely until all pending charges are resolved.

License Suspension After a Drunk Driving Conviction

A conviction for driving under the influence results in a mandatory revocation of a person’s driver’s license by the North Carolina Division of Motor Vehicles (DMV) under North Carolina General Statute (N.C.G.S.) 20-17(a)(2). The length of such driver’s license revocation largely depends on whether you have any prior impaired driving convictions, and if so, the amount of time that has passed since those convictions.

More information: License Revocation and Restoration After a DWI Conviction in Mecklenburg County

Our Approach To DWI Cases

WE WILL GET YOU DRIVING AGAIN

Simply being charged with DWI in North Carolina often results in your driver’s license being revoked for a minimum of 30 days. However, we can typically get your driving privileges reinstated almost immediately. We do this by either, first, challenging this civil license revocation, or second, getting you a limited driving privilege.

Defend My Case

WE WILL GATHER EVIDENCE

Whether you realize it or not, a considerable amount of evidence exists regarding your DWI charge, much of which is vital to an effective defense of your case. We will review your court file, subpoena necessary documents, videos, and notes, and file the appropriate pretrial motions in a timely manner.

Defend My Case

WE WILL FIGHT FOR YOU IN COURT

As former prosecutors, we are aware of all the potential defenses that may be available to you. We do not automatically assume you intend to plead guilty and face the harsh consequences associated with a DWI conviction. We pledge we will examine every possible defense and take your case to trial if it is in your best interest.

Defend My Case

WE WILL MITIGATE CONSEQUENCES

While it’s our goal to win every DWI case we have, it’s simply not possible for any attorney to win every time. If you are ultimately convicted of DWI, we will help you take every step possible to reduce the potential penalties, such as avoiding jail time, keeping you driving, reducing monetary costs, and more.

Defend My Case

Will my NC driver’s license be suspended if I refuse to blow or if I'm arrested for DWI?

License Suspension for Willful Refusal to Breathalyzer or Chemical Testing

Let Our Experience & Knowledge Help You Obtain The Best Possible Outcome For Your Unique Legal Situation.

License Suspension After Being Charged and/or Arrested for DWI

License Suspension After a Drunk Driving Conviction

Have You Been Arrested for a DWI in Charlotte, NC?

Our Approach To DWI Cases