If you are charged with a DWI in Raleigh or elsewhere in North Carolina and you refuse to submit to a chemical analysis of your breath (in other words, the large breathalyzer machine at the police station — but not the portable unit that some officers carry in their squad cars), you will face revocation of your license for an entire year, just for the refusal — unless you contest it. The statute reads as follows:
§ 20‑16.5. Immediate civil license revocation for certain persons charged with implied‑consent offenses.
(b) Revocations for Persons Who Refuse Chemical Analyses or Who Are Charged With Certain Implied‑Consent Offenses. – A person’s driver’s license is subject to revocation under this section if:
(1) A law enforcement officer has reasonable grounds to believe that the person has committed an offense subject to the implied‑consent provisions of G.S. 20‑16.2;(2) The person is charged with that offense as provided in G.S. 20‑16.2(a);(3) The law enforcement officer and the chemical analyst comply with the procedures of G.S. 20‑16.2 and G.S. 20‑139.1 in requiring the person’s submission to or procuring a chemical analysis; and(4) The person:a. Willfully refuses to submit to the chemical analysis;b. Has an alcohol concentration of 0.08 or more within a relevant time after the driving;c. Has an alcohol concentration of 0.04 or more at any relevant time after the driving of a commercial motor vehicle; ord. Has any alcohol concentration at any relevant time after the driving and the person is under 21 years of age.
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Raleigh DWI lawyer Ben Hiltzheimer is a criminal lawyer in Raleigh, North Carolina, who represents individuals charged with DWIs and the full spectrum of misdemeanors and felonies. Contact us for a free, confidential consultation and case evaluation at (919) 727-9227.
