So if stopped for suspicion of DWI in Union County, should you consent to breath testing? And what if you dare to refuse? We’ll explain your options here.
Breath Testing: Your Rights and Consequences
While most folks who call us have already been arrested, many still want to know their options. As a result of very harsh laws, you don’t have any real choices in a NC DUI arrest. Either way, there are consequences. Because the State prefers to have a number, they ask you to agree to breath testing. Although the machine they use has the usual reliability concerns, any number then becomes your blood alcohol concentration (BAC). Of course, there is no “perfect machine” and we challenge breath testing “science” in general. In addition, we also compare your “number” with how you actually appear on video. Furthermore, the officer reads your rights and says you can refuse to give a sample. But what if you choose to exercise this right?
First of all, you lose your driver’s license for at least one year (more for subsequent arrests). So how does this happen? Because driving is only a “privilege,” you have fewer “rights” when dealing with the DMV. In addition, you cannot apply for a limited driving privilege for 6 months. All because you chose to exercise your right to refuse and not give the State more evidence against you. But even this is not the worst part.
Right of State to Draw Blood
In addition to the DMV punishments, the State has the right to draw your blood, even against your will. That’s correct. If you exercise your rights, the State can hold you down and stick a needle in your vein. And you cannot resist. Furthermore, you have to pay the hospital bill for the service. Finally, even if injured by the police or hospital staff, you cannot sue for damages. All because you had a drink with dinner or a beer at the game. So think long and hard before you decide whether or not to exercise your right to refuse breath testing.