DMV Refusal Hearings Lawyer Serving Burlington, Graham, Mebane and North Carolina
If you were pulled over in traffic, did you refuse to perform the breathalyzer test? Because North Carolina has implied consent statutes on the books, refusing the State-administered breathalyzer test at the time of your arrest will seriously complicate your DWI case. You will need to defend your decision with the help of an experienced attorney in a DMV refusal hearing.
Consequences of Refusing to Blow
If you refuse to perform the breathalyzer test in NC when pulled over, your license is automatically suspended for one year. This is before your case even heads to court. If you’re convicted of a subsequent DWI and already have a refusal on your record, your license suspicion will be extended.
What to Expect from your DMV Refusal Hearing
Resources contained in this section are from the AVVO’s “Be Prepared: A guide to the DWI Wilfull Refusal Process in North Carolina” web blog.
Your lawyer will be experienced in this process, but basically, you can expect a few things:
- It is the officer’s burden to demonstrate that you were aware of your rights and that you were offered the chance to blow and that you either did not blow or that you blew in a manner to subvert the test.
- Once the officer establishes that by evidence, you and your lawyer can offer evidence opposing that or evidence that you have or had a medical condition which prevented you from giving a sample, despite your desire to do so.
- You can present evidence (such as medical records) or witnesses to support your contentions that you were not aware of your rights, or that you attempted to submit to the test, but couldn’t, even though you tried.
The DMV officer will render a decision, but typically not right away. The DMV will send you and your lawyer a letter and Order after your hearing.
Our Experienced Team Can Help
If you are looking for an experienced DWI refusal hearings lawyer that will handle your case with discretion, professionalism and care, you need Ector Law Firm. Boasting years of experience, Ector Law Firm has defended many clients needing to get their driving privileges back.
Ector Law Firm if committed to you throughout the whole process. We will conduct a thorough investigation and apply all of our knowledge and skills to prepare the best defense for you. Schedule a free consultation today by calling our friendly team at (336) 570-2211.