What Happens If You Refuse a Breathalyzer Test?
If you are pulled over, you may be asked to take a breathalyzer test. If you have been drinking at all, this might alarm you. You may think you are fine to drive but still be worried about the test results.
It may seem like a good idea to simply refuse the breathalyzer test. If a police officer has reason to suspect you have been drinking and driving, you will likely be arrested. This fact does not change based on whether you refuse the breathalyzer test.
Implied Consent Laws in North and South Carolina
In the United States, the ability to drive is a privilege, not a right. Offenses such as DUIs, reckless driving, and failing to pay traffic citations can lead to that privilege being revoked. Both North and South Carolina have implied consent laws. This means it is implied that drivers suspected by police of impaired driving will submit to a breathalyzer test. Drivers can refuse a breathalyzer test, however, there are consequences for refusing.
Refusing a breathalyzer in North Carolina will result in your license automatically being revoked for at least a year. In South Carolina, your license will automatically be suspended for six months the first time. If you refuse a breathalyzer multiple times in South Carolina, the suspension time goes up. In both states, refusing a breathalyzer can still result in a DUI conviction. What the officer observed about your driving and appearance is considered by the court. The court may also consider a refusal to take a breathalyzer as an admission of guilt.
Your Rights and Legal Options
If you are worried about the accuracy of the breathalyzer test results, you have options. In North Carolina, you have the right to have an attorney or other witness present. The attorney or witness can be any adult, as long as they can arrive within 30 minutes. If you submit to the breathalyzer test and it determines you are over the legal limit, there is hope. There are a variety of ways your attorney can challenge breathalyzer test results. Methods include arguing: human error, procedural issues with the arrest, or health factors that affected the results.
King Law Offices is a full-service law firm with an outstanding team of professionals who work diligently, creatively, and compassionately on behalf of our clients each day. If you have a current conflict with your title involving an adverse possession claim, contact King Law at 888-748-5464 for a consultation. We have offices located across western North Carolina and upstate South Carolina. We are here to serve you and to guide you as we navigate this journey together.
