The Consequences of Refusing a Breathalyzer Test During a DWI Stop
July 9, 2025
If you’re pulled over in North Carolina on suspicion of driving while impaired (DWI), you may be asked to take a breathalyzer test. While you technically have the right to refuse the test, doing so is not without serious consequences.
Refusing a breathalyzer test can lead to immediate and long-term penalties, even if you’re ultimately not convicted of DWI.
Understanding your rights and the potential repercussions of a refusal is crucial if you find yourself in this situation. Rodrick A. Rouse, Attorney at Law in Greensboro, North Carolina, can help.
Here, you’ll learn about the legalities surrounding breathalyzer tests in North Carolina, including implied consent laws, the penalties for refusal, and the broader implications it may have on your case and your life.
North Carolina’s Implied Consent Law
In North Carolina, drivers implicitly agree to submit to chemical testing — such as breath, blood, or urine tests — if law enforcement suspects them of DWI. This agreement is known as implied consent and is built into the privilege of operating a motor vehicle on public roads.
Under N.C. Gen. Stat. § 20-16.2, if a law enforcement officer has reasonable grounds to believe you were driving under the influence and lawfully arrests you, you’re legally obligated to submit to a chemical test. Refusing to comply triggers automatic civil penalties, regardless of whether you're later convicted of DWI.
It’s important to note that there are two kinds of breath tests. These are:
Preliminary Breath Test (PBT): Conducted roadside and typically using a handheld device. You can legally refuse this test without penalty.
Evidentiary Breath Test (EBT): Conducted at the police station or mobile unit. Refusal of this test carries significant consequences under the implied consent law.
Immediate Consequences of Refusing a Breathalyzer Test
There are a few immediate consequences after refusing a breathalyzer test. These include:
License Revocation
One of the most immediate penalties is the automatic civil revocation of your driver's license for one year. This revocation occurs even if you’re never convicted of DWI.
Once you refuse, the officer will submit a report to the DMV, and your license will be revoked for at least 30 days initially. You may be eligible for limited driving privileges after that 30-day period, but not always.
No Limited Privileges for the First 6 Months
If your license is revoked due to refusal, you can’t apply for a limited driving privilege for the first 6 months. This means you’ll be unable to drive legally for work, school, medical appointments, or any other purpose during that time.
Admissibility in Court
Your refusal can be used as evidence against you in court. Prosecutors may argue that your refusal shows consciousness of guilt — that you declined the test because you knew you were intoxicated. This can make defending against a DWI charge significantly more difficult.
Longer-Term Implications of Refusing the Test
Other consequences may have more long-term effects. These may include:
Harsher Criminal Penalties If Convicted
If you’re eventually convicted of DWI, your prior refusal can affect the judge’s sentencing decision. North Carolina uses a structured sentencing system for DWI convictions with six levels (Level A1 through Level 5).
Refusing a chemical test can be considered an aggravating factor, potentially resulting in higher fines, longer license suspensions, and even jail time.
Impact on Insurance Rates
Even if you avoid a DWI conviction, your refusal will appear on your driving record. Most insurance companies view a refusal as a serious offense, often on par with or worse than a DWI conviction. This can lead to substantially higher premiums or denial of coverage.
Impact on Future DWI Stops
A refusal on your record can affect how future DWI stops are handled. If you're stopped again, a previous refusal could limit your legal options and may influence the officer’s decision to arrest or pursue a blood warrant.
What Happens After You Refuse?
If you refuse the evidentiary breath test, the officer must follow specific procedures:
Inform you of the implied consent law and the penalties for refusal.
Read and provide you with a refusal form outlining your rights.
Allow you to contact an attorney or witness and wait 30 minutes before administering the test.
If you still refuse after being advised, the refusal is recorded, and the revocation process begins immediately. The officer will then submit an affidavit to the DMV, which leads to the civil revocation of your license.
Can the Police Still Test You Without Consent?
If you’re wondering if the police can still test you without consent, the answer is yes. If you refuse, the police may still obtain a search warrant to take a blood sample.
North Carolina courts have consistently held that, with a warrant, your refusal does not stop authorities from collecting evidence. In fact, North Carolina has become increasingly proactive in using warrants to bypass refusals.
So, not only will your refusal lead to license revocation and be used against you in court, but it may also fail to prevent the prosecution from obtaining chemical evidence.
How to Challenge a License Revocation for Refusal
You do have the right to request a hearing before the DMV to contest the revocation. However, these hearings are administrative in nature and have a limited scope. The hearing officer will typically only consider the following:
Whether the officer had reasonable grounds to believe you were impaired.
Whether you were lawfully arrested.
Whether you were informed of your rights and the consequences of refusal.
Whether you actually refused the test.
If any of these conditions were not met, it may be possible to reverse the revocation. That said, the burden is on you to present compelling evidence, and it's highly recommended to consult with a DWI attorney to explore this process.
When Is Refusal a Strategic Option?
Additionally, while refusing the test almost always leads to immediate penalties, some defendants might believe it could help their chances of avoiding a DWI conviction. For example, without chemical evidence, the prosecution must rely on officer observations and field sobriety tests. However, this is rarely a winning strategy in North Carolina.
In many cases, refusing the test only makes the situation worse, especially if the officer secures a warrant for a blood test anyway. Before making a decision, it’s essential to understand that the short-term and long-term consequences of refusal often outweigh any potential benefit.
Should You Refuse a Breathalyzer in North Carolina?
Generally speaking, refusing a breathalyzer test is not advisable in North Carolina unless specifically instructed to do so by an attorney. The implied consent law is designed to deter refusals by attaching steep penalties, and the courts have very little tolerance for those who try to circumvent chemical testing.
Even if you believe you aren’t over the legal limit, refusing the test can complicate your case significantly. It’s always better to comply with the test and consult an experienced DWI attorney as soon as possible.
Reach Out to the Firm Today
Facing a DWI stop is a stressful and potentially life-altering experience. While you have the right to refuse a breathalyzer test in North Carolina, doing so triggers automatic penalties. Don't go through this alone. Serving Greensboro, North Carolina; Guilford County; Randolph County; Forsyth County; Alamance County; and Davidson County, Rodrick A. Rouse, Attorney at Law is prepared to take your case. Contact the firm today.