North Carolina DWI/DUI Testing FAQs: Know Your Rights

Yes. However, refusing a “breathalyzer” test on the evidentiary DWI breath testing machine (known as the Intoximeter EC/IR II) is a “willful refusal” and results in an automatic one-year license suspension under North Carolina’s implied consent law, separate from any criminal charges. Refusing a PBT - Portable Breath Test does not result in the suspension of your driver’s license.

Refusing the PBT - Portable Breath Test on scene can be part of probable cause and the arrest decision. Refusing the PBT does not result in the revocation of your license. Willful Refusal to submit to the official, evidentiary breath test (the Intoximeter EC/IR II) means your driver's license will be suspended for one year, regardless of the outcome of your DUI case. The willful refusal suspension occurs independently from criminal court penalties.

Yes. Implied consent laws in North Carolina legally require drivers suspected of impaired driving to submit to chemical testing. A willful refusal leads to immediate license revocation.

Yes, but with limits. Under North Carolina's implied consent law, you have up to 30 minutes to contact an attorney and obtain a witness after being informed of your rights and before deciding whether to submit to a chemical test. However, this right must not unreasonably delay the testing process, and law enforcement is not required to delay indefinitely while you wait for legal counsel.

Yes, subject to important timing limits. North Carolina law allows you to have a witness observe your breathalyzer test if the witness arrives promptly and does not cause unnecessary delay.

The legal BAC limit for drivers aged 21 or older is 0.08. Commercial drivers face a limit of 0.04, while drivers under 21 have a zero-tolerance limit (0.00).

No. Preliminary roadside breath tests (PBTs) are voluntary in North Carolina and not subject to implied consent laws. However, refusing may lead to arrest and required testing later.

No. You are not legally required to perform field sobriety tests in North Carolina, and refusal alone does not automatically result in penalties, although it may lead to your arrest.

Yes. After submitting to law enforcement's breath or blood test, you may arrange an independent blood test at your own expense. That assumes you are out of custody and able to do so.

Yes, but generally only with a valid search warrant or under specific exigent circumstances, such as accidents involving serious injury or death. Compelled blood draws are subject to strict scrutiny in court.

Breathalyzer machines used in North Carolina, like the Intoximeter EC/IR II, are generally reliable when properly calibrated and operated according to statutory guidelines.

Yes. In North Carolina, breath test results may be challenged based on violations of the procedural requirements outlined in the North Carolina General Statutes and the North Carolina Administrative Code. Challenges may involve issues such as failure to comply with mandated observation periods, improper administration of the test, lack of approved training or certification for the operator, or noncompliance with required maintenance and calibration procedures. Additionally, the admissibility of the results may be affected by constitutional issues, such as lack of informed consent or denial of the opportunity to contact a witness, if timely requested.

No. North Carolina law does not prescribe a specific time limit for administering breath or blood tests in DWI cases. Instead, the admissibility of chemical test results hinges on adherence to statutory and administrative procedures.

Ordinarily, yes. For breath tests, compliance with the Department of Health and Human Services (DHHS) rules is important. These rules include requirements such as a 15-minute observation period before testing and the collection of at least two consecutive breath samples that do not differ by more than 0.02 in alcohol concentration

No. Breath tests do not have to be done within a certain time frame. There is no explicit statutory time frame; significant delays between the time of driving and the administration of the test may affect the weight and reliability of the evidence.

Courts may consider whether the delay impacts the accuracy of the test results or the defendant's ability to challenge them. Therefore, while prompt testing is advisable, the key factor for admissibility remains procedural compliance rather than a strict time limit.

Yes. Certain products containing alcohol, including mouthwash or asthma inhalers, can briefly affect breathalyzer results, potentially leading to inaccurate readings if tests are administered immediately afterward.

Yes. You are entitled to receive a printout from the evidentiary Intoximeter EC/IR II device immediately after testing in North Carolina. You are not entitled to be advised of PBT - Portable Breath Test results and the PBT does not provide a printout.

Yes. In North Carolina, after undergoing an evidentiary breath test—typically administered using the Intoximeter EC/IR II machine—a printed copy of your test results is available. This printout, often referred to as the "test ticket," displays your blood alcohol concentration (BAC) readings and is generated immediately following the test.