However, if you are stopped for a suspected DWI, you should know your rights with regard to a roadside breathalyzer test and a breathalyzer test at the police station. Learn more about refusing to take breathalyzer in North Carolina in this presentation.

9. The officer will observe:
Signs of bad driving
Smell of alcohol
Bloodshot eyes

10. Slurred speech
Inability to answer simple
questions
Lack of coordination
Answers to questions and simple tests
such as saying yourABCs or counting

12. Horizontal Gaze Nystagmus
(HGN) test
Walk and Turn Test
One-leg Stand Test

24. Willful Refusal – The North Carolina
Department of Motor Vehicles (NC DMV)
will suspend your driver’s license for one
year.
This will stand regardless of whether you are
found guilty of DWI.

25. If you refuse the Intox EC/IR II test, the
officer will possibly transport you to the
nearest medical facility to draw blood for a
BAC test.
The officer will obtain a warrant, if
necessary, so drawing your blood can be
accomplished with or without your consent.

26. After the blood test, if your BAC is .08 or above
and you are convicted of DWI, you will be
required to pay the $600 lab fee for refusing the
Intox EC/IR II test.
Your DWI case could take up to two years
to complete due to the backlog of blood
analyzes handled by the State Bureau of
Investigation.

28. This is a difficult question to answer for
many reasons.
If you know you are intoxicated and refusing
to take the Intox EC/IR II test at the police
station, you may just be adding
consequences.
However, refusing the Intox EC/IR II test
could give your body more time to
metabolize some of the alcohol.

29. Furthermore, you have the right to consult
with an attorney prior to submitting to a
blood or breath test.
You have up to 30 minutes to reach your
attorney – this is another way to delay the
time between your DWI stop and taking the
test to allow your body to metabolize the
alcohol.

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Content provided by: Best Legal Practices