Asked in DUI / DWI for North Carolina

Q: Is the NHTSA standard field sobriety test mandatory on a DUI stop in NC ?

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1 Lawyer Answer
Timothy Dugan
Timothy Dugan
  • Eden, NC
  • Licensed in North Carolina

A: The simple answer is no. A driver may refuse to partake in any testing, including a breathalyzer. However, with breathalyzers specifically, the refusal to provide a sample is a crime by itself. The law governing refusals only speaks to breathalyzers, and thus I do not believe SFST's are mandatory.

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