Implied-Consent

North Carolina drivers who are suspected of impaired driving may undergo two main types of breath or alcohol tests: a preliminary screening at the roadside and an evidentiary test under the state’s implied consent laws. These procedures are guided by statutes like G.S. 20-16.2, which defines the expectations placed on a driver once probable cause is established. Although both tests relate to detecting alcohol, they serve different functions and carry different legal consequences.

This article explains the difference between a quick roadside test (like a PBT) and the more detailed evidentiary procedure (commonly an Intoximeter EC/IR II test), as well as the implications of refusing to cooperate at either stage. If you want to discuss an implied consent issue or need guidance on a DWI charge Mecklenburg, Union or Iredell County NC, please call or TEXT the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com. A thorough understanding of North Carolina law can clarify how your case might proceed if you encounter allegations of driving while impaired.

Table of Contents: Breath Testing in North Carolina

DUI checkpoints ordinarily involve standardized patterns for stopping vehicles, as well as the use of portable breath tests (PBTs) and SFSTs – Standardized Field Sobriety Tests to assess possible alcohol consumption and appreciable impairment. North Carolina law allows law enforcement agencies to set up checking stations and roadblocks pursuant to N.C.G.S. 20-16.3A to check for things like license violations and to enforce the “drunk driving” (impaired driving) laws. The process must follow certain constitutional and statutory guidelines to avoid arbitrary or discriminatory stops.

The following content is a general overview of how roadblocks and checking stations work, including the difference between a brief roadside stop and a more formal implied-consent procedure. If you have questions about a checkpoint stop in North Carolina—or wish to talk about a specific legal concern related to N.CG.S. 20-16.3A—call or text the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com.