Traffic enforcement officials must have a
reason for pulling you over, such as a traffic law violation. This can include
many possibilities such as speeding, failure to come to a complete stop, a
faulty taillight, but they may also pull you over with a reasonable suspicion
of driving while intoxicated (DWI), such as erratic lane changing, weaving or
crossing the yellow line.
If the officer believes that you may have
been drinking, he will ask you certain questions to confirm or dispel his
suspicion. Depending upon your response, the officer may ask you more invasive
questions to determine your level of intoxication. However, it is well within
your right to refuse to answer such questions. You may even refuse any tests
they require you to undergo, such as field sobriety tests, portable breath
tests, etc. However, keep in mind that this may be used as evidence against
you.
If you refuse a breathalyzer test in the
state of North Carolina, your driver’s license may be automatically revoked for
one year. North Carolina is an “implied consent” state, meaning that your
driving privileges automatically come with your consent to submit to a
breathalyzer test.
Keep in mind that when you refuse to answer
questions and take tests, you need to do so in a respectful and courteous
manner. You don’t want to aggravate your case and be arrested for something
else which happens far too often.
To learn more about implied consent and your
rights on the road, talk to an experienced DWI lawyer.
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