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Unfortunately, sometimes people make a big error in judgment when they decide to drive with a blood alcohol content (BAC) of 0.08. When someone is pulled over under the suspicion of drunk driving, the officer may ultimately choose to administer either a breath or a blood test. But do you have a choice?
BAC Tests
Even though the Breathalyzer test is the most commonly utilized test for determining an individual’s BAC, in North Carolina, there are three different ways to legally do so. These include:
- Blood – Blood tests are the most accurate of the three types of BAC tests, although there still exists the possibility of invalidating your personal test itself due to mistakes/errors.
- Breath – In this type of test, an officer utilizes a portable device called a Breathalyzer, which measures the alcohol expelled on your breath. These tests are generally accurate.
- Urine – The least accurate of the three tests is a urine test, which should only be used when the other two methods are unavailable. Alcohol often takes up to two hours to show up in your urine, and can last in your system for up to 24 hours, commonly providing an inaccurate result.
Consequences of a BAC Test Refusal
Anyone who is suspected of driving while impaired (DWI) may choose to either submit to or refuse a BAC test.
North Carolina is an “implied consent” state, meaning that if a driver refuses to take a test, he or she will incur additional penalties. If you refuse to submit to the test, you may be subject to consequences including a one-year license suspension. Unfortunately, an individual does not have the right to choose which test they would like administered; only the officer can select that.
Drivers who are taken to the police station may be subjected to a chemical breath test. If the officer wants you to take a blood test, you may be transported to a local hospital so that an authorized person may do so.
Hancock Law Firm Helps Those in North Carolina Who Have Been Accused of Driving While Impaired
If you or a loved one has been accused of driving while impaired in North Carolina, you should take the steps necessary to protect your rights. A DWI conviction can have a serious impact on your life from your professional life to your personal life, to your freedoms. That is why it is so important to consult with a knowledgeable and experienced North Carolina Criminal Law Attorney with experience fighting DWI charges. The attorneys at Hancock Law Firm can help. To learn more or to schedule a free consultation, contact us today!