If you are suspected of driving while intoxicated, and when the officer asks you to blow into a breath-test, refusal to take such test will result in the automatic revocation of that person’s license. The revocation will vary, in North Carolina, depending on the aggravating factors versus the mitigating factors. However, in North Carolina if you are in such a situation you can request a DMV hearing where an alleged offender can demonstrate why his driving privileges should be restored.
Now, the question is what can be expected at such a hearing? During the hearing, a offender will need to bring in witnesses to testify that he no longer excessively consumes alcohol or drives after consuming alcohol. Those witnesses must be placed under oath before testifying, and only one witness at a time may be interviewed. The only other people present in such hearings are your attorney, and the hearing officer, who acts as the judge.
Further, other pieces of evidence may also be submitted during the hearing, such as whether the DMV test was performed incorrectly, or that you did not refuse the test willfully. Next, in interlock device hearings, evidence can be presented that the device registered a false positive if you are accused of registering alcohol in your system after a device was installed in your vehicle
Therefore, if you have been charged with a DWI in North Carolina and have refused to submit to the breath-test contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation. Call our Charlotte, North Carolina office at 704-499-9000, or toll-free at 877-374-5999.