If you’re driving a car on the roads of Greensboro or High Point in NC, then as a matter of law you have currently “implicitly consented” to submit to a chemical analysis of your individual, to determine your blood alcohol content, if a law enforcement officer has possible cause to believe that you are driving while impaired by alcohol or drugs. In other words, in exchange for the advantage of owning a car in North Carolina, you were forced– whether or not you were even familiar with it– to quit the right to be free from an invasion by the State into the chemical composition of your body, at least under specific situations.
If you have actually gone through such an invasion in the Raleigh/Triangle location and have actually been charged with a DWI (driving while impaired/ intoxicated, and commonly known somewhere else as a DUI/ driving under the influence, or merely drunk driving), then you would be well encouraged to call a DWI attorney immediately. Below is an overview of this area of law, which should not be treated as extensive and does not resolve every situation or part of the law.
In short, just by driving on the road, under the law of North Carolina, you have currently allowed to the government, under certain scenarios, to deteriorate your right to the personal privacy of your very own breath and/or blood. To puts it simply, you have concurred beforehand to allow an erosion of your 4th Amendment rights, as a matter of law, simply by deciding to drive a car in North Carolina– even if you disagree and discover such an intrusion to be unreasonable. Thus the term “implied consent,” which means your grant such an intrusion under certain circumstances is lawfully implied by your act of owning a lorry, even if you expressly do not approval.
It deserves keeping in mind here, however, that just certain tests qualify as “chemical analyses,” consequently setting off the law on suggested consent. The test usually administered by policeman in the field in North Carolina, called the Alco-Sensor(R)– more normally called a “Portable Breath Test,” or PBT– is not an authorized chemical analysis for which you have actually given implied permission by the truth of your driving a car. You are not needed to submit to a portable breath test, and you might just decrease, if requested. Indicated approval applies only to approved chemical analysis tests, which in North Carolina consist of the Intoximeter(R) 5000 and Intox EC/IR(R) II, which are typically administered at a police headquarters, instead of in the field.
There are, however, limits on the legal trade-off of suggested approval. Firstly, a police officer can not just demand that anyone driving an automobile submit to a PBT, chemical analysis, or field sobriety test of any kind. An officer must first have probable cause to believe that a suspect was owning while impaired, which need to be more than a mere hunch, should be supported by evidence, and must be proven by the government.
In short, while a private accused of driving while impaired / intoxicated may technically choose not to submit to a chemical analysis entirely, there are repercussions. And, it is necessary to keep in mind that the 30-day suspension described above is a minimum. Unless you (or your attorney) are able to convince a judge otherwise at a hearing, under a specific set of legal exceptions, you will generally deal with a suspension of driving privileges for a full year. For a complete analysis of the law and for support in evaluating your own case, you would be well-advised to get in touch with a locally certified lawyer.
DWI attorney Greensboro from Thomas W. Smothers Attorney At Law is a knowledgeable criminal defense trial lawyer who is committed to eliminating for the rights of his clients, both in and out of court. He represents people charged with DUI/ DWI and the full spectrum of criminal charges in Greensboro and High Point, North Carolina, ranging from easy misdemeanors to serious, complex felonies.