Q: What are the consequences of refusing a breath test?
A:
GREAT QUESTION. The long-term consequences for a "Willful Refusal" can be substantial under the NC DWI laws.
Refusing breath or blood tests as part of a DWI investigation may result in the loss or suspension of your license, without any form of "hardship" or "limited driving privilege" for an extended period of time.
It may also be used as a "negative inference" at the criminal trial.
A Willful Refusal may even result in DMV requiring an Ignition Interlock Device once the license is Conditionally Restored by DMV.
Frankly, it is an incredibly complicated and sometimes confusing aspect of DWI cases in North Carolina. Experienced defense attorneys do their best, as part of legal representation, to do their best to explain the nuances and complexities of the NC DWI Laws.
Here are some blog posts on the NC Implied Consent laws:
https://www.carolinaattorneys.com/implied-consent.html
https://www.carolinaattorneys.com/license-suspension.html
https://www.avvo.com/legal-guides/ugc/refusal-hearing-appeal-to-superior-court
BEST BET: Retain an experienced DWI lawyer immediately. There are often important timing issues on refusal cases AND Wake County has some local rules regarding the preparation of a DWI defense that must be considered.
BTW, John Fanney in Wake County is excellent. Please say "hey" if you decide to call him:
https://www.fanneylaw.com/
Great question! Best of luck to you.
Bill Powers
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