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Photo of Joshua Nielsen

What could occur if I refuse to submit to a breath test?

On Behalf of | Oct 10, 2022 | DWI/DUI

North Carolina’s statutes require motorists to submit to a breath test when pulled over by law enforcement officials. If stopped for an alcohol-related offense, refusing a breath test could result in a loss of driving privileges.

North Carolina’s Department of Public Safety website notes that by not complying with an officer’s breath test request, you may find your driver’s license revoked for 30 days. Even if the court determines you did not drive while impaired, refusing a breath test could leave you without a license for up to one year.

When may I ask the judge to restore my driving privileges?

Motorists facing first-time charges for DWI may submit a request to keep their licenses. If the charges did not involve an accident or cause harm to others, a judge may consider a driver’s restoration request.

You may also ask the judge to restore your license if you did not have children in your car at the time of your arrest. A judge typically reviews the circumstances of your case before restoring your driving privileges on a limited basis. Some motorists, however, may need to attend a treatment program for substance abuse issues.

What may a judge consider before providing a limited driver’s license?

The court may review several factors related to your personal and professional life. As noted on NCLEG.net, a judge may consider your employment and the earnings needed to support a household. If you need your car to drive to regular medical appointments, your health and well-being could depend on keeping your license.

Although North Carolina’s judges have the authority to restore revoked driver’s licenses, factors that may influence the outcome include income, education, health care treatments or religious worship. Some individuals may also need to attend courses or perform community service.