Cotten Law Firm, PLLC charges reasonable, small firm fees to aggressively defend your North Carolina criminal case with results-driven, big firm strategies.
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Refusal To Submit To A Chemical Test In North Carolina
You probably know that when a person is pulled over in North Carolina, a police officer will often administer some sort of chemical test to determine whether that person was drinking and driving. You might not realize what your rights are when it comes to refusing to submit to such a test. Here, we discuss the consequences of refusing to submit to a chemical test – both after a traffic stop upon suspected DWI and after a DWI arrest, which have very different consequences.
Refusing To Submit To A Chemical Test After A Traffic Stop Upon Suspected DWI
If a police officer pulls you over for suspected DWI, he will probably first ask you to perform various field sobriety tests (such as saying the alphabet backward). After that, you will likely be asked to submit to a portable breath test. This is a chemical test administered at the location of the stop and is used to determine your blood alcohol concentration (BAC).
Did you know that not only can you refuse to participate in any field sobriety tests, but you can also refuse to blow into a portable breathalyzer during a traffic stop? While you might still be arrested if you refuse to participate, there are no other consequences to refusing a breathalyzer test during a traffic stop. If you do submit to one, the evidence can only be used against you, so it is generally recommended that you never submit to a breathalyzer test at the site of a traffic stop.
FAQs About Refusing Chemical Testing
A criminal defense attorney can help drivers facing DWI charges. Here are some frequently asked questions about chemical tests:
Is it legal to refuse a breathalyzer test in North Carolina?
Yes. You can refuse a breathalyzer test in North Carolina if the police pull you over. However, you could face consequences for refusing a breathalyzer test after a lawful arrest. Refusing a breathalyzer test after a lawful arrest can lead to a suspended driver’s license for at least one year.
If you have already submitted to a breathalyzer, reach out to a criminal defense attorney today by calling us at (984) 253-4337 to discuss your rights.
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Proven SuccessTraffic TicketsPaying a traffic ticket is essentially admitting guilt, which can raise your insurance, add points to your record, or suspend your license. Cotten Law Firm's Raleigh traffic ticket lawyer fights to get your penalties minimized or dismissed, with fees starting as low as $95.
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Justice For YouDWI DefenseA DWI charge in North Carolina carries serious consequences you shouldn't face alone. Cotten Law Firm handles the full range of impaired-driving cases and builds a defense focused on protecting your rights and your license, call for a free consultation.
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Start Your DefenseCriminal DefenseFacing criminal charges in North Carolina? Cotten Law Firm provides aggressive, one-on-one defense at affordable rates, backed by attorney Jeremy Cotten's experience with tens of thousands of cases.
