Defending Your Right To Refuse

In North Carolina, the punishment for refusing a Breathalyzer or blood test is one-year license suspension. There are reasons why many prefer not to submit to testing. The penalty is automatic, but it can be dismissed in court under the right circumstances.

At Hester & Tucker, PLLC Attorneys at Law, we have been defending the rights of the Rocky Mount area for more than 35 years. Joseph M. Hester, Jr. is the firm's primary DWI lawyer. He is board certified in criminal law and he is a trusted voice in the legal community. Both he and attorney Damian L. Tucker are former assistant district attorneys who use their knowledge and experience as former prosecutors to craft effective defense strategies for their clients. Mr. Hester is also certified in field sobriety testing and the use of breath test machines.

Health And Medication Factors

There are different reasons why a client may refuse a police ordered Blood Alcohol Concentration (BAC) test. Certain medical conditions, such as asthma, diabetes, and lung or heart problems can make breath tests difficult for many parties. Similarly, even day-to-day health factors like allergies, bronchitis or a common cold can make it hard for a subject to take the test for entirely valid reasons.

Specific medications can also make the test difficult. In many cases, the police will request a blood test instead. We can help to arrange for a hospital to administer the test, giving reliable third person testing that protects your personal rights.

How We Can Help In Your Defense

North Carolina's implied consent law defines driving as a privilege, not a right, which means that the court can order a license suspension for Breathalyzer refusal. However, there are ways to fight, reduce and dismiss the penalty with the help of an experienced legal team.

We will work with you to arrange a reinstatement hearing that considers circumstances unique to you, such as your medical history, an assessment of alcohol consumption behavior and character witnesses that will emphasize your fitness for a driver's license.

We Offer Free No-Risk Consultation

Call us for a free no-risk consultation at 252-231-2362. You can also send us an email or leave a message if it's outside of our regular office hours and we will get back to you.

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