[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"In the context of North Carolina\u2019s drunk driving laws, implied consent is a legal principle that holds that anyone who drives on the state\u2019s roadways has implicitly agreed to submit to a test of their blood alcohol concentration (BAC) under certain conditions. The core purpose of this doctrine is to facilitate the enforcement of laws against impaired driving.  Per\u00a0NCGS 20-16.2, if a law enforcement officer has reasonable grounds to believe that a driver is under the influence of alcohol or drugs, they can require the driver to take a breath, blood, or urine test to measure the alcohol or drug content in their system. Refusing to take the test can lead to immediate administrative consequences, including the automatic revocation of the driver\u2019s license for a period, starting at one year for a first offense. That is in addition to any other penalties that might be imposed if the driver is subsequently convicted of driving while impaired (DWI). Moreover, their refusal to submit to a test can be used against them in court.","@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"If you refuse to take a preliminary breath test (PBT) \u2013 the kind conducted by officers in the field using a portable breathalyzer test \u2013 the officer can arrest you on suspicion of violating the implied consent law and ask you to submit to more accurate testing during booking. If you still refuse to chemical testing at the station, your license will immediately be revoked for 30 days, and the revocation could become a one-year suspension if you are convicted of an implied consent violation.","@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"If you refuse to take a breathalyzer test at the station, your driver\u2019s license will be immediately revoked for 30 days. Prosecutors may subsequently charge you with a violation of NCGS 20-16.2, and if convicted, the revocation will be extended to one year or longer, depending on the circumstances. You can be credited for the first 30 days if you request a hearing and show that the court retained possession of your license throughout the entirety of the first 30 days.  These penalties for breathalyzer refusal are in addition to any the court might impose on you if it finds you guilty of DWI.","@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"Police officers do not need to give a driver a breathalyzer test to arrest them on suspicion of DWI. The evidence obtained through a breathalyzer test is just one factor that may go into establishing probable cause for arrest.","@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question4","text":"In North Carolina, certain breathalyzer test results are admissible in court and can be a critical piece of evidence in DWI cases. However, the admissibility and the weight given to breathalyzer results depend on the type of device used and the circumstances under which the test was administered.","@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer4"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What Is Implied Consent?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer"},"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Question"},{"@type":"Question","name":"What Happens If You Refuse a DWI Test in North Carolina?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer1"},"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Question1"},{"@type":"Question","name":"What Are the Penalties for Refusing a Breathalyzer Test?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer2"},"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Question2"},{"@type":"Question","name":"What If the Police Do Not Give a Test?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer3"},"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Question3"},{"@type":"Question","name":"Answer Question4","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Answer4"},"@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#Question4"}],"name":"Can You Refuse a Breathalyzer Test in North Carolina?","@id":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#FAQPage"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.jdwarlick.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can You Refuse a Breathalyzer Test in North Carolina?","item":"https:\/\/www.jdwarlick.com\/blog\/can-you-refuse-a-breathalyzer-test-in-north-carolina\/#breadcrumbitem"}]}]