Pursuant to N.C.G.S. 20-16.2 (“North Carolina’s Implied Consent law”), once you’ve been arrested for an implied-consent offense, you are presumed to consent to a chemical test.

This policy derives from the premise that operating a vehicle in North Carolina on a public road is not a guaranteed right, but a privilege that is conferred upon you based on your successful passing of the necessary written exam, road signs test, and the driving/road proficiency portion. This privilege to drive in NC comes with the implied consent that you will voluntarily submit to alcohol/drug testing if arrested for DWI. Consequences of a Willful Refusal: An immediate 30-day civil revocation of your driver’s license, followed by an additional one-year revocation from the NCDMV. And separate from criminal penalties, the state/NCDMV treats a refusal as a separate matter from the underlying DWI charge, with its own penalties that apply regardless of whether you are convicted of impaired driving. Evidence of the refusal is admissible in any criminal, civil, or administrative action against the person, and the jury can use your refusal against you in the criminal case.

The 30-day revocation as a result of the immediate civil revocation is not credited against the one-year revocation for the willful refusal. IMPORTANT TO NOTE: Refusing a portable breath test on the side of the road does not carry the same one-year suspension.