Refusing a breath test in North Carolina triggers a separate, civil administrative legal process known as a willful refusal hearing. Even while a criminal DWI charge is pending in criminal court, the  Department of Transportation – Division of Motor Vehicles (DMV) may move forward with revoking your license for failing to submit to breath and/or blood testing. 

At the center of willful refusal proceeding is a hearing officer who effectively handles both the role of prosecutor—by eliciting evidence—and the role of judge—by deciding if your license will be revoked. 

The stakes can be significant because a loss at the DMV hearing level may lead to a revocation lasting well beyond any criminal charge, even if the underlying DWI charge is cleared by dismissal or a not guilty verdict after a trial.