Willful Refusal

Two pending DWI charges in North Carolina can create a license problem that comes as a shock, because a substantial consequence lands before either case is decided. The criminal exposure usually gets the attention. Jail, probation, community service, fines, court costs, substance abuse assessment, treatment, and insurance consequences may all be part of the discussion. The harder reality is what happens to the license while both cases remain pending.

Pursuant to N.C.G.S. § 20-16.5, a second pending DWI may keep the license revoked indefinitely, even after the first 30-day civil revocation has already ended. The driver is kept off the road before any conviction, on charges that have not yet been proven.

For many defendants, that result feels like a penalty imposed before the State has proven its case. The civil revocation is not without Due Process of Law. It rests on a judicial determination that the statutory conditions for civil revocation have been met, and the law provides a right to a hearing to contest it.

North Carolina drivers who are suspected of impaired driving may undergo two main types of breath or alcohol tests: a preliminary screening at the roadside and an evidentiary test under the state’s implied consent laws. These procedures are guided by statutes like G.S. 20-16.2, which defines the expectations placed on a driver once probable cause is established. Although both tests relate to detecting alcohol, they serve different functions and carry different legal consequences.

This article explains the difference between a quick roadside test (like a PBT) and the more detailed evidentiary procedure (commonly an Intoximeter EC/IR II test), as well as the implications of refusing to cooperate at either stage. If you want to discuss an implied consent issue or need guidance on a DWI charge Mecklenburg, Union or Iredell County NC, please call or TEXT the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com. A thorough understanding of North Carolina law can clarify how your case might proceed if you encounter allegations of driving while impaired.

Table of Contents: Breath Testing in North Carolina