Facing An Alleged DWI Breath and/or Blood Test Refusal

Questions Answered:

• What happens if I refuse to take a breath test?
• What happens if I refuse to submit to a blood draw?

Relevant Statute: North Carolina General Statute § 20-16.2

Breath or Blood Test Refusal Could Result in License Suspension

When you refuse to take a breath test in a Driving While Impaired (DWI) case, the law provides that your license may be suspended. The same potential suspension also applies if you refuse to submit to a blood draw. The refusal initially can trigger a thirty-day civil revocation of your license. Please read my post on civil revocations. While the refusal suspension is related to your criminal charge of DWI, it is a separate and distinct civil case that goes through the North Carolina Division of Motor Vehicles (DMV). If an officer, deputy, or Trooper is alleging that you refused a breath or blood test in Wake County, NC, or other surrounding counties, please call my office to set up a free initial consultation to discuss your DWI case, along with the alleged refusal.

Allegation of Refusal – Affidavit and Revocation Report

An allegation of refusal can also result in a one-year license suspension. When an officer charges you with a DWI, they fill out a document called an Affidavit and Revocation Report. This document is the officer’s sworn statement to a magistrate about what happened in your case. It is not the detailed report that the officer later provides to the Wake County District Attorney’s Office. I will obtain this detailed report for you if you hire me to handle the DWI case, and I usually receive it between the first and the second court dates. The Affidavit and Revocation Report, however, is a document that you receive the day the officer charges you with DWI. A magistrate signs this report, and the officer has the obligation to send a copy to the North Carolina Division of Motor Vehicles (DMV). If the DMV receives a valid Affidavit and Revocation Report alleging that you refused a breath test or a blood test, the DMV will send you a letter. This letter will explain that you have been accused of refusing a breath or a blood test and that your license is scheduled for suspension.

Hearing to Contest Alleged Refusal

It is extremely important that you carefully monitor your mail if an officer alleges a refusal in the Affidavit and Revocation Report. You should also verify that the address on the report is the correct address where you receive your mail. If you receive a letter from DMV alleging refusal, please immediately contact me. You generally have only thirty days to request a hearing to contest the alleged refusal. Requesting the hearing will delay the license suspension and allow me to help you avoid a refusal suspension. 

Once a hearing is requested, there are multiple potential defenses to the refusal allegation.

• The officer who charged you and the person (if it is a different officer) who requested a breath sample or a blood draw must be present at the hearing to testify.
• We can argue that the officer did not have sufficient evidence to request that you submit a sample. For example, if you are walking your dog in your neighborhood and an officer arrests you with no evidence that you were driving or drinking, the officer lacks probable cause and reasonable grounds to request the sample.
• Many of my clients try to submit a sample of their breath, but they cannot for various reasons, such as being injured in an accident or having certain medical conditions. If you genuinely tried to submit a sample but could not do so, then you did not willfully refuse.
• We can contest refusals when you did not receive notice orally or in writing regarding your implied consent rights. These rights generally appear on a specific form that the officer has you sign shortly before asking you to submit a sample of your breath or blood. If the officer did not inform you of your rights properly, or if the officer did not respect one or more of these rights, then you also may have a defense for the alleged refusal.

What Happens if You Do Not Contest an Alleged Refusal or You Lose Your Hearing to Contest?

If you choose not to contest the refusal, or if you were unsuccessful in contesting it, then the DMV will suspend your license for one year. During this one-year suspension, you cannot drive at all for any purpose for the first six months. After the first six months of the suspension, you may qualify for a limited driving privilege. To qualify:

• You must have had a valid license when you were charged, or a license that expired for less than one year.
• Have resolved your criminal DWI case and completed a substance abuse assessment and the recommended treatment.

Summary:

An allegation of refusal can result in a one-year suspension of your license. If you receive a letter from the DMV alleging refusal, please immediately contact me. You generally have only thirty days to request a hearing to contest the alleged refusal. Requesting the hearing will delay the license suspension and will give me a chance to help you avoid a refusal suspension. If you choose not to contest the refusal, or if you are unsuccessful in contesting it, then the DMV will suspend your license for one year. During this one-year suspension, you cannot drive at all for any purpose for the first six months. After the first six months of the suspension, you may qualify for a limited driving privilege. If an officer, deputy, or Trooper is alleging that you refused a breath or blood test in Wake County, NC, or other surrounding counties, please call my office to set up a free initial consultation to discuss your DWI case, along with the alleged refusal.

Facing an Alleged DWI Breath or Blood Test Refusal? Contact the Law Offices of Christopher R. Detwiler, PLLC, for Experienced DWI Representation

If you're dealing with the stress and uncertainty of a DWI and resulting license revocation, it's crucial to have a knowledgeable and experienced attorney by your side. At the Law Offices of Christopher R. Detwiler, PLLC, we specialize in navigating the complexities of DWI cases in Raleigh, Wake County, or other surrounding counties. Our dedicated team understands the intricacies of the law and is committed to fighting for your rights. Don't let a DWI and resulting revocation disrupt your life more than it has to.

Contact us today for a consultation, and let us help you explore your options for an Alleged Breath or Blood Test refusal. With our expertise, we'll work tirelessly to achieve the best possible outcome for your situation. Remember, the proper legal support can make all the difference! Call us now  (919) 526-7545 or fill out our form below and take the first step towards regaining control of your driving future.