What are the consequences of refusing to take a breath or blood test upon lawful request?
Upon refusal of a lawful request for a breath sample, the penalties are as follows: • Suspension of your driving privileges for 180 days if this is your first arrest for DWI; • A two-year suspension for a subsequent arrest within ten years if, in the first arrest, you refused to submit to testing; and • The admission into evidence of your refusal to take the test in the subsequent DWI criminal trial. The purpose of this admission, from the prosecutor’s viewpoint, is to imply to the jury that you refused because you believed you were too intoxicated to pass the test. Attorney note: You have the right to contest the legality of the suspension and seek reinstatement of your driving privileges during any period of suspension. Please refer to our page on Driver’s License Suspension for more information.
Related Questions
- In North Carolina, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DWI?
- What are the consequences of a criminal conviction for impaired driving, over 08, or refusing to provide a breath sample?
- How is breath testing done? What are the consequences of refusing the test?
