Can I Refuse a Breathalyzer Test in North Carolina? 2025

By Michael D. Cleaves

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Criminal Defense

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Last Modified on Jan 05, 2026

Being charged with driving under the influence is a big deal, and it can often impact your future. Consequently, you may be looking for ways to avoid incriminating yourself or entrusting your future to faulty equipment. Hiring a DUI lawyer can mean getting answers to questions like “Can I refuse a breathalyzer test in North Carolina?” and “Is it possible to beat a DUI charge?”

If you are wondering if you can refuse a breathalyzer test in North Carolina, you may benefit from the help of a DUI lawyer at The Law Office of Michael D. Cleaves, PLLC. Before you go looking to hire one, however, it may be beneficial to learn more about whether or not refusal is an option, as well as the potential consequences of doing so in the Tar Heel State.

North Carolina DUI Laws

If you are accused of driving while intoxicated (DWI) or driving under the influence (DUI), as it is commonly known, it means that a representative of law enforcement suspects that you have been operating a motor vehicle while intoxicated, high, or impacted by prescribed drugs at a higher dosage than the doctor recommended. This can lead to brain fog, slower reflexes, struggling to drive in the right lane, and an increased likelihood of improper vehicle operations.

In North Carolina, there is a legal limit to the Blood Alcohol Content (BAC) percentage a person can have while operating a vehicle. For those of legal drinking age, it is 0.08%, which is fairly standard across the United States. Those under the legal drinking limit can be charged with a DUI if any percentage of BAC is detectable.

According to a study performed by the Centers for Disease Control and Prevention (CDC), it is estimated that roughly one drunk DUI-related death occurs every 45 minutes in the US. Additionally, in 2022, DUI incidents were responsible for 32% of all traffic fatalities.

Can I Refuse a Breathalyzer Test in North Carolina?

While it may seem hard to believe, it is legal for an individual suspected of drunk driving to refuse to take a breathalyzer test. However, even though North Carolina state law allows this, there are some immediate consequences that individuals may not be aware of.

Drivers in the Tar Heel State operate under the legal concept of implied consent, laid out in NCGS 20-16.2, which basically means that, by driving in North Carolina, you have already given your consent to taking the breathalyzer test, should you be suspected of driving under the influence. You violate this consent by refusing, which activates the potential for the following consequences:

• Your license can be suspended. Should you refuse to take a breathalyzer test, your driver’s license can be suspended immediately. This also means you cannot be granted limited driving privileges for a set amount of time, therefore impacting your ability to get places like your job and even court.
• You can face steeper penalties. In the event of a conviction, you could end up being sentenced to more severe DUI penalties than you might have been if you had agreed to take the breathalyzer test.
• Your refusal can be used against you. In all honesty, refusing the breathalyzer test does practically nothing for your case other than make you look even more guilty. The prosecution can often use it against you in court.
• Your insurance may get messy. Refusing a breathalyzer test can lead to being made to pay higher insurance premiums, and you could even be denied future coverage because of it.

While you are within your legal right to refuse to take the breathalyzer test, it typically does not alleviate any of your potential consequences and subsequent stress. Still, if it is too late to go back and take the test, choosing to hire a DUI lawyer can help.

There are many benefits that can come from enlisting the help of a lawyer experienced in criminal defense for DUI cases, starting with the clarity they can bring to your situation. Instead of getting caught up in confusion and stress, let your DUI attorney bring you clarity and peace of mind as they advocate on your behalf.

FAQs

Are There Increased Consequences If I Refuse to Take a Breathalyzer Test More Than Once?

Yes, if you refuse to take a breathalyzer test on more than one occasion in a certain amount of time, the consequences can greatly increase in severity. North Carolina law can even suspend your driver’s license for multiple years. This is definitely something to consider if a law enforcement officer asks you to take a breathalyzer test.

Can You Refuse a Blood Test in North Carolina?

Yes, you can technically refuse a blood test in North Carolina. The consequences laid out for refusing to take a breathalyzer test also apply to blood tests. Law enforcement can also pursue getting a warrant for a blood test, which would require you to perform one anyway. This can paint a poor picture of you during your trial and ultimately tends to delay things while making them worse.

How Much Does It Cost to Hire a DUI Lawyer in North Carolina?

The cost of hiring a DUI lawyer in the state of North Carolina tends to vary case by case and is often uniquely influenced by several different variables, such as the complexity of your case, the severity of your charges, the amount of time your case requires to reach a conclusion, and the firm you choose to hire to handle your DUI case.

Is Refusing a Breathalyzer Test Recommended in North Carolina?

While some people may be willing to brave the potential consequences of refusing a breathalyzer test, most have found it to be far less beneficial than they may have originally imagined. It can lead to those viewing your case to assume you are guilty, and it also comes with a whole host of additional penalties. Still, if you have already denied the test, there is still hope. Hire a DUI lawyer today.

Why Should I Choose The Law Office of Michael D. Cleaves, PLLC, to Handle My DUI Case?

Michael D. Cleaves has spent 20 years helping those accused of a wide variety of crimes, including DUIs, build their cases and defend their rights. Instead of struggling to handle the stress alone, you can allow our legal team to pursue the results you want on your behalf.

Discover why so many people just like you are raving about us. Contact The Law Office of Michael D. Cleaves, PLLC, today to schedule a consultation and get the representation you need.

North Carolina DWI Resources:

• North Carolina DWI Laws and Penalties [2025 Updated]
• What Is a Blood Alcohol Test?