Defending Your Right To Refuse

In North Carolina the punishment for refusing a Breathalyzer or blood test is one-year license suspension. The penalty is automatic but it can be contested 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 may be circumstances when the refusal of a police ordered Blood Alcohol Concentration (BAC) test can be contested. Certain medical conditions, such as asthma, diabetes, and lung or heart problems can make breath tests difficult for some individuals. Even day-to-day health factors like allergies and bronchitis can make it hard for a subject to provide a sufficient breath sample.

Specific medications can also make the breath test problematic. The police may request a blood test instead. While you may refuse a blood test you can also be compelled to submit under certain circumstances.

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 DMV can suspend your license for refusal of a breath or blood test. However, there may be ways to contest the suspension with the help of an experienced legal team.

You have a right to request a hearing prior to the date of the suspension. We will assist you on analyzing the facts in your case to determine if a hearing could be successful in preventing the loss of your 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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