Refusal & Chemical Testing

North Carolina's implied consent law means that by driving on NC roads, you've already agreed to submit to chemical testing if lawfully arrested for DWI. Refusing the test triggers an automatic one-year license revocation — separate from any criminal penalties. But the testing process itself is far from foolproof.

At HBHK, we understand the science and procedures behind breath testing on the Intoxilyzer EC/IR II, blood draws, and field sobriety tests. We know where the weaknesses are and how to challenge results effectively.

Refusal Consequences

• Automatic 12-month license revocation (civil penalty, separate from criminal case)
• Refusal can be used as evidence against you at trial
• You may still face DWI charges based on officer observations and other evidence
• Limited driving privileges may be available after 6 months

Challenging Chemical Test Results

• Intoxilyzer calibration — was the machine properly maintained and calibrated?
• Operator certification — was the officer trained and certified to operate the device?
• Observation period — did the officer observe you for the required 15 minutes before testing?
• Blood draw procedures — was the blood drawn by qualified medical personnel using proper techniques?
• Chain of custody — was the sample properly handled and stored?