Refusal to Blow

The machinery that we use in North Carolina on the side of the road is actually called an AlcoSensor. It's not the same as the good old fashioned Breathalyzer. It's not the same as the Intoxilyzer. You are not required to submit to the road side test. There will not be a suspension of your driver's licenses if you refuse on the side road.

The fact that you refused to give the sample on the side of the road maybe used against you in determining whether or not there’s enough evidence to arrest you. You may refuse an AlcoSensor as you’re not required to give that evidence against yourself. Even If you do blow in the AlcoSensor, that particular reading and numerical value is not admissible in court. Only the fact that you had a positive or negative reading for alcohol is admissible in court.



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