What happens when you refuse a breath test?

On Behalf of | Apr 9, 2021 | DWI Defense |

Driving while intoxicated is a serious charge. Further, there are a few areas of criminal law where your civil rights are under as much threat.

In North Carolina, you do not currently face the same no-refusal laws as you might in other states. However, there still could be some drawbacks to refusing a blood alcohol test.

Should you refuse a breath test?

As explained on FindLaw, refusing a Breathalyzer often comes with serious consequences. No article online could tell you whether it is a good idea in your situation to refuse a breath or blood alcohol test.

These tests are not completely reliable. However, they are important to your DUI charge. Deciding whether you should take the test is a complex question and, to answer it, you would probably benefit from having all of the relevant, specific information for your unique situation.

What happens if you refuse?

If you refuse to take a test, there is no guarantee that you would avoid a DWI conviction. In general, prosecutors would use the results of these tests along with the testimony of police officers when building the case against you. They might also be able to collect other evidence to weaken your defense.

One of the most common penalties to refusing a toxicology test is a period of license suspension. This could be a separate, administrative issue apart from your DWI charge, depending on the rules governing your specific situation.

Regardless of what you choose to do, your choice of whether to submit to a BAC test is likely to have far-reaching consequences. Your appraisal of your level of intoxication, the other factors in your arrest, the goals you have regarding your charge, the most current laws: These could all be factors in your decision.