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 person, to determine your blood alcohol content, if a law enforcement officer has probable cause to believe that you are owning while impaired by alcohol or drugs. Simply put, in exchange for the benefit of driving an automobile in North Carolina, you were required– whether or not you were even familiar with it– to quit the right to be devoid of an intrusion by the State into the chemical composition of your body, at least under particular circumstances.
If you have gone through such an intrusion in the Raleigh/Triangle area and have actually been charged with a DWI (owning while impaired/ intoxicated, and frequently understood in other places as a DUI / driving under the influence), then you would be well encouraged to contact a DWI attorney right away. Below is an overview of this area of law, which need to not be dealt with as extensive and does not address every situation or component of the law.
Simply put, simply by owning on the road, under the law of North Carolina, you have already given permission to the government, under particular situations, to erode your right to the privacy of your very own breath and/or blood. Simply puts, you have agreed in advance to permit an erosion of your Fourth Change rights, as a matter of law, just by opting to own a vehicle in North Carolina– even if you disagree and discover such an intrusion to be unreasonable. Hence the term “suggested permission,” which indicates your consent to such an invasion under particular situations is legally indicated by your act of owning a vehicle, even if you specifically do not authorization.
It is worth noting here, nevertheless, that just certain tests qualify as “chemical analyses,” thereby activating the law on implied consent. The test generally administered by police officers in the field in North Carolina, called the Alco-Sensor(R)– more generally called a “Portable Breath Test,” or PBT– is not an authorized chemical analysis for which you have provided implied authorization by the truth of your owning an automobile. You are not needed to submit to a portable breath test, and you might simply decline, if asked for. Implied authorization applies just to authorized chemical analysis tests, which in North Carolina include the Intoximeter(R) 5000 and Intox EC/IR(R) II, which are normally administered at a police station, rather than in the field.
There are, however, limits on the legal trade-off of indicated approval. Primarily, a policeman can not merely require that anyone owning a lorry submit to a PBT, chemical analysis, or field sobriety test of any kind. An officer needs to initially have probable cause to think that a suspect was driving while impaired, which must be more than a simple hunch, need to be supported by proof, and should be shown by the federal government.
In short, while a private accused of owning while impaired / intoxicated might technically refuse to submit to a chemical analysis completely, there are repercussions. And, it is very important to keep in mind that the 30-day suspension described above is a minimum. Unless you (or your attorney) are able to encourage a judge otherwise at a hearing, under a particular set of legal exceptions, you will normally deal with a suspension of owning opportunities for a full year. For a total analysis of the law and for support in evaluating your own case, you would be well-advised to contact an in your area certified lawyer.
DUI attorney Greensboro from Thomas W. Smothers Attorney At Law is a knowledgeable criminal defense trial attorney who is dedicated to combating for the rights of his clients, both in and out of court. He represents individuals charged with DUI/ DWI and the complete spectrum of criminal charges in Greensboro and High Point, North Carolina, ranging from easy misdemeanors to severe, complicated felonies.