DWI Breathalyzer Or Blood Evidence Refusal

DWI Defense Lawyer John E. Fitzgerald Defending Clients and their refusal to provide Biological evidence when acussed of DWI

If you are arrested for DWI in North Carolina and refuse to take a breath or blood test, your driver's license or privilege to drive in North Carolina could be suspended for up to 1 year with no driving privileges, even if you later win your DWI case in court. Time is of the essence when you are accused of refusing a breath or blood test and you must act quickly to protect your rights.

Can I Legally Refuse A Breathalyzer Or Blood Test?

Yes, you can legally refuse to take a Breathalyzer or blood test. Despite what you may have heard, in most cases, especially 1st offense DWI's, this is NOT a good idea because it will greatly diminish your chances of being able to legally drive after your case is over, even if you win your DWI case. If you refuse the breath or blood test, you must fight your potential driver's license revocation at the DMV and not through the court system. This is a costly and time-consuming process and your chances of prevailing at such a hearing are usually not good.

I Refused The Breathalyzer Or Blood Test, Now What?

YOU MUST ACT QUICKLY! You only have 10 days from the time the DMV finds out about the refusal to request a hearing. By doing this, your 1 year driver's license suspension is temporarily placed on hold until you have your DMV hearing. If you fail to request the hearing within 10 days, your license will be suspended for 12 months, with no privileges allowed for at least 6 months. An experienced and qualified DWI attorney can help you make a timely and proper hearing request and then skillfully represent you at the DMV hearing.

If you have refused a breath or blood test, you should call an experienced and qualified DWI defense attorney IMMEDIATELY to help try to preserve your driving privileges. Your right to request a hearing and to try to prevent a 1 year license suspension will be forever lost if you do not request the hearing within 10 days of the time the DMV finds out about your refusal. The sooner you contact a qualified DWI attorney, the sooner the lawyer can work to try to protect your rights at the DMV and in court. Time is of the essence, especially at the beginning of your case, and you don't want to lose your license simply because you didn't understand the legal process or how a DWI case refusal case works.

Let attorney John E. Fitzgerald help you with your DWI case from start to finish, both at the DMV and in court. Mr. Fitzgerald has been practicing DWI and DMV law since 1993. Call John E. Fitzgerald today at (336) 804-8058 and put his experience to work for you.