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


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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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