Learn About the Legal Principle Referred to as Implied Consent
When you obtain a driver’s license in North Carolina, you agree that if you are suspected of DWI, you will submit to a chemical test to determine your Blood Alcohol Content (BAC). This is a legal principle referred to as “implied consent.” If an officer of the law has reason to believe someone was driving while intoxicated, it is implied that person consents to taking a chemical test through a blood test or a breathalyzer to determine his/her level of BAC.
The core purpose of this doctrine is to facilitate the enforcement of laws, and it supports law enforcement efforts to reduce traffic accidents and fatalities caused by impaired driving. Refusing to take a chemical test has immediate and serious consequences. Note that the information in this article applies to chemical tests and not field sobriety tests, which are voluntary.
Raleigh DWI lawyers, the experienced legal team at Sandman, Finn and Fitzhugh, can represent you through the complicated legal process for a DWI arrest.
Consequences of Breathalyzer Test Refusal
You are within your rights to refuse to take a breathalyzer test. However, refusing a chemical test after being arrested for DWI results in immediate consequences. Per NCGS 20-16.2, if a law enforcement officer has reasonable grounds to believe that a driver is under the influence of alcohol or drugs, they can require the driver to take a chemical test to measure the alcohol or drug content in their system.
If you refuse to take a preliminary breath test (PBT)–the kind conducted by officers in the field using a portable breathalyzer test–the officer can affect you on suspicion of violating the implied consent law and ask you to submit to more accurate tests during booking.
Implied Consent Rights
Before any type of chemical analysis is administered, a person charged with an implied consent offense must be taken before a chemical analyst authorized to administer a test of the person’s breath or a law enforcement officer authorized to administer a chemical analysis of the breath.
As stated earlier, the officer must first inform you and provide notice in writing that explains the following rights as delineated in the School of Government Chapter 1 “Implied Consent Laws: Theory and Procedure” 2014:
- You have been charged with an implied-consent offense. Under the implied-consent law, you can refuse any test, but your driver’s license will be revoked for one year and could be revoked for a longer period under certain circumstances, and an officer can compel you to be tested under other laws.
- The test results, or the fact of your refusal, will be admissible as evidence at trial.
- Your driving privilege will be revoked immediately for at least 30 days if you refuse any test or if the test result is 0.08 or more, 0.04 or more if you were driving a commercial vehicle, or 0.01 or more if you are under the age of 21.
- After you are released, you may seek your own test in addition to this test.
- You may call an attorney for advice and select a witness to view the testing procedures remaining after the witness arrives, but the testing may not be delayed for these purposes longer than 30 minutes from the time you are notified of these rights. You must take the test at the end of 30 minutes even if you have not contacted an attorney or your witness has not arrived.
These rights are printed on a form created by the DHHS. The State of North Carolina does not have to prove that the defendant read the notice of rights form, nor that he or she understood the rights.
Suspension of Driver’s License
Again, the officer should inform you or provide notice in writing that explains that refusal of a chemical test may result in the loss of your driver’s license, even if you are not ultimately convicted of DWI. Refusal to submit to the test causes immediate revocation of your license for 30 days, followed by a one-year suspension by the Department of Motor Vehicles if you are convicted of or plead guilty to a DWI charge.
A first-time offender can face a one-year license suspension, but it is also possible for a first-time offender to get limited driving privileges after having completed 6 months of the one-year suspension penalty. This, however, does not apply to someone who has killed or seriously injured an individual.
If you are a repeat offender and are convicted of or plead guilty to a DWI, you may lose your license for an additional 60 days to four years, depending on the number of prior DWIs you have on your record. If you have received three DWIs within a five-year period, you stand to lose your license permanently.
It is important to understand that the loss of your license due to a breathalyzer refusal (known as an administrative suspension) can and will be imposed on top of any license-related penalties you will face in the criminal portion of your case.
Provisional Driving Privileges
Under certain circumstances, it may be possible to establish limited driving privileges that enable you to get to and from work or school. There are specific and time-sensitive steps that must be taken to begin these proceedings. It is recommended that you work with an experienced attorney who understands the complicated process of applying for a provisional license.
Contact the DWI Attorneys at Sandman, Finn, and Fitzhugh for a Free Consultation
Being arrested and charged for Driving While Impaired in North Carolina is serious. DWI penalties in Wake County and the surrounding area are severe. It is imperative that you have legal representation to handle your defense. Our Raleigh DWI lawyers will be by your side as allies to seek out mitigating factors and fight on your behalf. Reach out to us today for a free consultation at (919) 845-6688, or fill out our contact form to get started.