Consequences of Refusing To Take Breathalyzer at The Police Station

The officer will observe:

Signs of bad driving

Smell of alcohol

Bloodshot eyes

Slurred speech

Inability to answer simple questions

Lack of coordination

Answers to questions and simple tests such as saying your ABCs or counting

Horizontal Gaze Nystagmus(HGN) test

Walk and Turn Test

One-leg Stand Test

Willful Refusal – The North Carolina Department of Motor Vehicles (NC DMV) will suspend your driver’s license for one year.

This will stand regardless of whether you are found guilty of DWI.

If you refuse the Intox EC/IR II test, the officer will possibly transport you to the nearest medical facility to draw blood for a BAC test.

The officer will obtain a warrant, if necessary, so drawing your blood can be accomplished with or without your consent.

After the blood test, if your BAC is .08 or above and you are convicted of DWI, you will be required to pay the $600 lab fee for refusing the Intox EC/IR II test.

Your DWI case could take up to two years to complete due to the backlog of blood analyzes handled by the State Bureau of Investigation.

This is a difficult question to answer for many reasons.

If you know you are intoxicated and refusing to take the Intox EC/IR II test at the police station, you may just be adding consequences.

However, refusing the Intox EC/IR II test could give your body more time to metabolize some of the alcohol.

Furthermore, you have the right to consult with an attorney prior to submitting to a blood or breath test.

You have up to 30 minutes to reach your attorney – this is another way to delay the time between your DWI stop and taking the test to allow your body to metabolize the alcohol.

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Phone: 910.347.0161

Content provided by: Best Legal Practices