Implied Consent laws in North Carolina do require that anyone is suspected of driving while intoxicated must submit to chemical testing. Most of the time this is completed at the police station after an arrest has taken place. Police will set up the breathalyzer machine and require the person who was arrested to blow into the machine to obtain a reading of he or her BAC. It is this read out which is used as evidence of someone’s BAC level in court.
The police should advise the person who is arrested of their rights and the implied consent law before the testing commences. If someone is arrested for DWI he or she does have the right to talk to an attorney before submitting to chemical testing. From the time someone is notified of the right to speak to an attorney the clock starts talking because he or she only has 30 minutes to contact and speak with their attorney. The reason for this is that the more time that passes the more likely it is that any alcohol in someone’s system will begin to diminish.
In regards to if someone should or should not submit to a breathalyzer depends on the facts in that their particular case. If someone is arrested and has an attorney he or she can speak with before submitting to the breathalyzer this would be advisable to ensure the best outcome in their individual case.
