When you obtain a driver’s license in North Carolina, you have some privileges as well as obligations. A license gives you the right to drive as long as you follow the rules and laws. If you get too many violations, the DMV could suspend or revoke your license. One of the most serious driving violations you may face is driving while impaired (DWI). If you are suspected of DWI in North Carolina, law enforcement will ask you to submit to a test to determine your level of impairment. As part of your driver’s license agreement, you consent to complete chemical tests for DWI.
Implied Consent in North Carolina
Before a member of law enforcement can conduct a DWI test, they must obtain your consent. Implied consent is a term that means that a person has previously consented to a particular thing. When you obtain a North Carolina driver’s license, you agree or consent to the use of chemical tests by law enforcement for the purpose of determining impairment. If you refuse to comply, you violate the law and will be charged with an implied-consent offense. If guilty of implied consent refusal, you could lose your license for one year.
Consequences of Test Refusal
If you refuse to consent to a chemical analysis test, you are subject to the revocation of your driver’s license for a period of 12 months. You may request a hearing as long as you do so in writing before the effective date of the order. The license revocation order is typically effective 13 days after it is mailed. In that case, you will retain your license until the hearing. Both you and the hearing officer are allowed to subpoena witnesses or provide evidence to the court. In so
me cases, you may be allowed to seek limited driving privileges after six months, as long as the incident did not involve a critical injury or death.
Preliminary Breath Tests
A preliminary breath test is a way that police can determine whether a driver may be impaired. The PBT is a portable test unit that provides an immediate BAC readout. These tests typically measure the BAC by blowing into the device. These tests are designed to be used in the field and are inherently less accurate than chemical tests. The implied consent law specifically applies to chemical tests. However, if you refuse to submit to a PBT, the police may still decide to take you to the police station on suspicion of DWI. There, you will be asked to take a chemical DWI test.
Seek Legal Help for DWI Charges
DWI charges are serious and can have a long-lasting negative impact on you and your family. If you are facing DWI charges or have refused to comply with an implied consent request, you will want to speak with an experienced attorney. Your lawyer will guide you through the legal process and help you fight the charges, as well as assist you in maintaining your driving privileges when possible. We are here to help you with this difficult situation. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncdot.gov/dmv/license-id/license-suspension/Pages/driving-while-impaired.aspx
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-16.2.html
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https://www.freeimages.com/photo/man-with-drink-handing-over-car-keys-1951137
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