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What Happens If You Refuse to Test after a DWI?

There are three major tests that police officers can request a motorist to submit to after being stopped on suspicion of driving while intoxicated, which include blood, breath, and urine analyses. A person is allowed to refuse to take these tests during an arrest. However, this refusal does come with some penalties as an automatic part of the law.

If you’ve been arrested on DWI charges, you may want to consult with an experienced adviser about the steps you should take next. For more information regarding how we may be able to better defend you, contact Raleigh DWI lawyer Jim Black today by calling 919-600-4609.

Implied Consent and Test Refusal Laws

According to the law, a person is allowed to refuse to submit to alcohol and drug testing when they are arrested. If this happens, police will follow a certain protocol to get the testing information they need for their prosecution. This includes:

  • After an arrest, taking a suspect to have a warrant processed
  • Having a judge agree to a warrant
  • Having the warrant executed at a hospital

Under implied consent laws, a person will generally have their driver’s license suspended if they refuse a chemical test. Additional hearings, known as willful refusal hearings, may be required to get the license back.

Contact Us

If you’re facing DWI allegations, you should prepare for a tough legal battle against a determined prosecutor. North Carolina takes DWI charges very seriously, and defendants should pursue the assistance of their own legal defender to help them during this difficult time. Contact Raleigh DWI attorney Jim Black at 919-600-4609 today to discuss your situation with a qualified legal professional.


"Jim, I just wanted to thank you again for everything you did for me. I am very happy about the outcome and would recommend you to anyone and everyone who has a DUI case. Two things that stuck out the most is your patience and honesty, you wanted the best for me and that was obvious."

The Law Office of Jim Black

5 West Hargett Street #310
Raleigh, NC 27601

Phone: (919) 600-4609
Fax: (919) 834-4891


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From our offices in Raleigh, our attorneys represent clients throughout North Carolina including the communities of Raleigh, Cary, Apex, Fuquay Varina, Wendell, Garner, Holly Springs, and Wake Forest; residents of Wake County.

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