Davie County, NC DWI Lawyer

How Is My Breath Tested for Alcohol? 

If you’re arrested for DWI, and the officer suspects you’re drunk, you’ll be asked to provide a breath sample through a machine known as the EC/IR II. This machine analyzes your breath using an electrochemical fuel cell “EC” to determine your breath alcohol content. An Infrared Spectrophotometer “IR” is used to calculate the presence of residual alcohol in your mouth. Together, the tests attempt to measure the amount of alcohol in your body.

What Happens if I Refuse to Blow?

After you’re arrested for DWI, you’ll most likely be asked to submit a breath sample. If you refuse to blow into the EC/IR II machine, the officer will note your refusal and seize your NC driver’s license. NC DMV will be notified of your refusal, and your license will be revoked for 12 months. The revocation will remain in place EVEN IF the charge is later dismissed OR if you win the case at trial!

Upon refusing the breath test, the arresting officer will likely apply for a search warrant for your blood. These warrants are granted quickly and frequently by magistrates. That means you’ll be brought to a medical office for a court-ordered blood draw. If that result is admissible in court, you may lose your license for a year AND still be punished for your blood alcohol level because you refused the breath test.