Breath Test Refusal — Know What's at Stake
Raleigh, North Carolina, DWI Defense Attorney
Anyone who drives on any North Carolina street, highway or vehicular area has given their implied consent to submit to blood alcohol concentration (BAC) testing if they are under suspicion for drunk driving. Failure to comply with North Carolina's implied consent laws can result in a separate charge for breath test refusal — in addition to DWI charges.
Did You Refuse the Breath Test? Call Us Now: 866-630-2389
If you refused chemical testing at the police station, it is extremely important to speak with experienced lawyer as soon as possible. Contact Roberts Law Group, PLLC to schedule your free initial consultation with attorney Patrick Roberts. He will explain your rights and fight to preserve your driving privileges at the DWI/DUI refusal hearing.
Penalties for Refusal
If you refuse the breathalyzer test or other chemical test of your blood alcohol concentration (BAC), you face the following consequences:
- Immediate 30 day license suspension
- Additional one year license suspension by the DMV
- Any criminal penalties imposed by a DWI conviction
You Have a Right to a DMV Hearing
You have a right to a DWI/DUI refusal hearing before the North Carolina Division of Motor Vehicles (DMV) prior to start of the one year license suspension. This hearing provides an opportunity to challenge the alleged refusal and restore your driving privileges.
Attorney Patrick Roberts formerly served as an Assistant District Attorney in three North Carolina counties. This experience combined with his extensive trial skill enables him to present strong and compelling cases at DWI/DUI refusal hearings. He knows the important issues to address, including:
- Were you properly notified of your rights?
- Were you properly notified of the penalties for refusal?
- Were you provided false information regarding how the evidence would be used?
- Were you provided false information regarding the presumption of guilt?
- Did you willfully refuse chemical testing?
Don't Take Chances. Hire an Experienced Criminal Defense Lawyer
We know how important your driving privileges are to you. We are here to fight for your rights and your best interests. Contact us for a free initial consultation to discuss your DWI/DUI refusal hearing or DWI charges.
North Carolina v. J.O.
Facing: 1 year in jail
Result: Case Dismissed
Our client lost her trial in District Court and received a 45 day jail sentence. She hired Roberts Law Group to help her with her Superior Court efforts. We argued a motion to dismiss based on an unconstitutional driver's license checkpoint and prevailed. Any evidence that flowed from the stop of her vehicle was ordered suppressed by the Judge. Case dismissed. Our client blew .13 on the EC-IR II breath device.