Mark Required Fields In Legal North Carolina DUI Forms For Free

No, a driver has the right to refuse a field sobriety test. A police officer may be looking for the driver to fail such a test to establish probable cause for a DWI arrest. By complying and attempting the test, even if you are sober, you could be giving the officer the justification they need to arrest you.

You have the right to refuse to participate in the field sobriety tests. Declining the test is not the same as refusing to follow commands from police. If you refuse the tests, the officer can use information he's already gathered from you, along with his or her observations to determine if an arrest should be made.

You can't be penalized if you don't take them. Refusing is a good idea because the results are very subjective, and the officer may not perform the tests correctly. Typically, the results determine whether you'll be offered, or compelled, to take a chemical test like a Breathalyzer or a blood test.

Under North Carolina law, you can refuse to take the PBT with no adverse consequences to your driver's license. However, the officer may still arrest you for DWI based on other factors, such as swerving while driving. Following arrest, the officer may ask you to take a second, more accurate test at the police station.

In North Carolina, a driver has the right to refuse a field sobriety test. While the government can make the argument that you refused the field tests because you knew you were drunk, there are no ramifications like there are for refusing the EC/IR-II breath test at the station.

The DWI Assessment is when the "508 Form" is first generated. The 508 Form is the official form that the DMV will need to verify that you have completed all Driving While Impaired requirements and your license can be restored to you.