North Carolina’s “implied consent” law means that if a motorist is lawfully arrested for driving while impaired (DWI, also commonly referred to as DUI, driving under the influence), he or she agrees to submit to a chemical test designed to measure blood alcohol concentration (BAC) or drug content in the person’s blood. If you do not submit to chemical testing when a police officer asks you to, you may lose your driving privileges for a year or longer.

The Two Types Of Chemical Tests

A defense lawyer on your side may challenge the admissibility of BAC test results if the police did not inform you of your rights and consequences of refusal according to the implied consent laws. BAC tests in North Carolina and elsewhere will normally be one of two types, as described below.

A breath test: This may be administered with a portable device known as a breathalzyer (1) after you were stopped at a checkpoint, (2) after you were stopped and lawfully arrested on suspicion of driving drunk or (3) after an auto accident in which someone was hurt or killed.

The results of a breath test carry very high stakes, since a particular blood alcohol level may be sufficient for a DUI conviction, even if you did not otherwise demonstrate that you were or might be driving under the influence of alcohol or drugs.

A blood test: An arresting office might ask you to submit to a blood test, most likely at the police station or at a hospital. If you are unconscious, it may be administered if the police obtain a search warrant first.

The Importance Of A Qualified Attorney On Your Side

Experience and in-depth legal education give a lawyer knowledge that cannot be acquired simply by reading or by hearing anecdotes. At the Law Office of William G. Causey Jr., you can count on knowledgeable counsel and zealous representation. Learn how to get board-certified attorney William G. Causey Jr. on your case and get answers to your questions. Call us in Greensboro at 336-822-9201 or email us.