Getting pulled over for suspected drinking and driving in North Carolina is stressful — but knowing your rights can protect you legally and personally. In this post, we’ll break down exactly what your rights are and what happens if you choose to refuse a breathalyzer test.
Your Legal Rights at a DWI Stop in North Carolina
When stopped by law enforcement, you are still protected by the U.S. Constitution and North Carolina law. You have several important rights:
-
You have the right to remain silent.
You do not have to answer potentially incriminating questions such as, “Have you been drinking?” -
You have the right to refuse field sobriety tests.
These tests are voluntary. Politely refusing them is allowed under North Carolina law. -
You may refuse the portable roadside breath test (PBT).
This is the handheld breath test given before arrest. You can legally refuse it without immediate penalties, although doing so may still lead to an arrest based on other evidence.
Should You Refuse the Breathalyzer to “Sober Up”?
Some drivers think they can buy time to “sober up” by refusing a breath test. This is a risky strategy — and often backfires.
There are two types of breath tests:
-
Portable Breath Test (PBT) – Administered at the scene, before arrest
-
Intoximeter EC/IR II – Conducted at the police station, after arrest and with implied consent
Consequences of Refusing the Official Breath Test
If you refuse the official breathalyzer test at the station (not the roadside version), North Carolina law imposes serious penalties:
-
30-day civil license revocation, immediately
-
Additional 12-month license suspension by the DMV
-
Your refusal can be presented as evidence in court
-
Law enforcement can obtain a warrant to take a blood sample by force
According to the North Carolina Department of Public Safety, implied consent laws mean that by driving on North Carolina roads, you automatically agree to submit to chemical testing if lawfully arrested for DWI.
In other words: Refusing the breath test does not help you sober up or avoid charges. It often makes the legal outcome worse.
What You Should Do If You’re Pulled Over
-
Stay calm and respectful.
Arguing or becoming aggressive can escalate the situation. -
Know your rights.
You are not required to answer incriminating questions or submit to field sobriety tests. -
Understand that refusing the official breath test has consequences.
Your license could be suspended regardless of your guilt or innocence. -
Ask to speak with an attorney.
North Carolina law gives you the right to consult an attorney before deciding to take the official breath test. Learn more about this right from the North Carolina General Statutes § 20-16.2.
Need a DWI Attorney in North Carolina? Call Bourlon & Davis, P.A.
If you’ve been pulled over or charged with DWI in North Carolina, don’t face it alone. The penalties are serious, but so is your defense. At Bourlon & Davis, P.A., our experienced criminal and traffic defense attorneys can help protect your rights, your license, and your future.
📍 Serving clients throughout Durham and the surrounding areas
📞 Call us today at (919) 688-8041
🌐 Visit us online at www.bourlondavispa.com