The Tar Heel State has some of the harshest DWI penalties in the country, with a complex system of punishment levels and mandatory consequences. If convicted, you face potential jail time, hefty fines, license suspension and required substance abuse treatment.
When stopped on suspicion of impaired driving, the officer may ask you to perform field sobriety tests on the roadside. Understanding your rights in this situation could significantly impact what happens next in your case.
What types of tests do police use?
When facing a DWI stop, it’s crucial to understand the difference between field sobriety tests (FSTs) and chemical tests. FSTs are physical exercises officers use to determine if you’re impaired, while chemical tests, such as a breathalyzer, measure your blood alcohol content (BAC).
The three standardized field sobriety tests include:
- Horizontal gaze nystagmus: The officer asks you to follow an object with your eyes while looking for involuntary eye twitching
- One-leg-stand: You must stand on one leg for at least five seconds while the officer evaluates your balance and ability to follow directions
- Walk-and-turn: You take several straight-line heel-to-toe steps, turn around, and take nine more steps back
These tests have significant reliability problems. They rely entirely on the officer’s judgment rather than scientific evidence. Medical conditions, nervousness, physical injuries, exhaustion and even the testing environment (like sloped or wet surfaces) can affect your performance.
Before administering these tests, officers should ask if you have any medical conditions that might interfere with your performance, though many fail to do so.
Penalties for refusing roadside tests
You can legally refuse FSTs in North Carolina without facing immediate administrative penalties. Unlike roadside breath tests or chemical tests at the police station (which carry an automatic one-year license suspension if refused), declining roadside FSTs won’t result in automatic suspension.
The prosecutor may mention your refusal during court proceedings, arguing that your actions indicate guilt. However, a skilled DWI defense attorney can counter this by explaining legitimate reasons for declining, such as anxiety, physical limitations or simply exercising your rights.
An experienced lawyer can help you understand the complexities of North Carolina’s impaired driving laws. If you agreed to perform FSTs and failed according to the officer, your attorney can develop strategies to challenge the results.
This includes questioning the officer’s training, the testing conditions or whether medical issues affected your performance. With proper legal guidance, you can protect your driving privileges and avoid or minimize the impact of a DWI.