Can I Refuse a Breath Test for DUI in North Carolina?

By Doug Edwards

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DUI/DWI Defense

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Last Modified on Sep 16, 2025

If you have been charged with driving under the influence, you’re likely asking yourself, “Can I refuse a breath test for DUI in North Carolina?” This is a tricky question to answer, as your choices can have a significant impact on your future.

North Carolina law distinguishes between roadside screening tests and post-arrest chemical breath tests. To help you understand whether refusing a breath test in NC is the right move, our Asheville DUI lawyer shares what you need to know about the legalities of refusing a breathalyzer test and what it could mean for you.

Can You Refuse a Breath Test for DUI in North Carolina?

Under North Carolina General Statute § 20‑16.2, if you agree to drive in Asheville, you agree to the state’s implied consent laws. You agree to chemical testing after arrest if an officer has probable cause to believe you were driving while impaired. Only the post-arrest chemical test triggers implied-consent penalties.

However, you do have the right to refuse a breath test in North Carolina, but you’ll need to be ready for the consequences. In most instances, refusing the chemical breath test is only advisable if an Asheville DUI lawyer instructs you to do so because courts have very little tolerance for those who try to circumvent breath tests.

Roadside vs Post-Arrest Breath Tests in North Carolina

It is perfectly legal to refuse a roadside breath screening test, as it is not a formal chemical analysis. Refusing this test will not lead to any automatic legal consequences. The evidentiary test, which is administered post-arrest, is different. This is a chemical analysis performed at the station. Refusal of this test does carry automatic penalties.

What Are the Consequences of Refusing a Breathalyzer Test in NC?

Under Statute § 20-138.3, North Carolina is a zero-tolerance state for drivers under the age of 21. However, regardless of age, if you refuse a chemical breath test, speak with a DUI attorney sooner rather than later. The following repercussions may apply to your situation:

Court Admissibility

Unfortunately, in Asheville and across North Carolina, if you refuse a chemical breath test, it can be presented in court as evidence against you. It can be argued that your refusal to undergo a breath test indicates consciousness of guilt. This is because of a presumption that you declined the test because you knew you were intoxicated. In many instances, this can make it hard for you to defend against a DWI charge.

License Revocation

An immediate consequence of refusing a chemical breath test is the revocation of your driver’s license. Your license will be revoked for a minimum of 30 days initially, as the officer will submit a report to your local Asheville, North Carolina DMV. However, you may be eligible for limited driving privileges, but this isn’t a guarantee.

Convictions Carry Harsher Criminal Penalties

The CDC reports that about one million drivers are arrested in the US for driving under the influence each year. Many drivers also face upwards of $10,000 in fines and legal fees for a first offense. If you are eventually convicted of a DUI, your prior refusal can affect how a judge sentences you, as

refusing a breath test can be seen as an aggravating factor. Ultimately, this means you could face harsher convictions, especially since North Carolina follows a five-level sentencing system.

Hire a DUI Lawyer at Edwards Law, PLLC

At Edwards Law, PLLC, we know you have the right to refuse a breathalyzer test in Asheville, North Carolina, but we understand the potential penalties you may face if you do. Speak with a team member today and hire a DUI lawyer to advise you on your case.