Do I have to have a reason to refuse a breathalyzer?
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Do I have to have a reason to refuse a breathalyzer?
Do I have to tell a cop why I refused? Can I be charged with DUI in North Carolina if I refuse?
Asked on August 1, 2010 under Criminal Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
In North Carolina you have the right to refuse a breathalyzer test. In fact, you can have an attorney present when you blow. You do not have to give a reason but the police are supposed to give you a written explanation of your rights in this regard.
But that catch is that North Carolina is an "implied consent" states, menaing that by applying for a license you are consenting to taking t a breathyzer. So what does it mean if you refuse? That you license will be revoked and it appears that they can revoke it for a year. You can be charged with DUI if you meet the criteria for the crime. What I would do is to contact a DUI/DWI attorney in your area for help on this matter. Good luck.
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