In North Carolina, as required by state law, refusing to submit to a breath test can result in the automatic suspension of a driver’s license. This means that even if a driver is not intoxicated, he or she can still end up having their driver’s license suspended simply for refusing to take an Intoxilyzer test by the request of law enforcement.
Some readers may be shocked to hear this, but implied consent is the law in North Carolina. Recently, the former campaign aide to John Edwards learned this after refusing a breath test in Raleigh.
According to police records, the 48-year-old had gotten into some type of a road rage incident. When talking with the former aide, the police officer noted he was showing signs consistent with impairment, such as slurred speech. He also reportedly admitted to drinking several beers. However, when asked to take a breath test, he refused and his driver’s license was seized.
At the time of his arrest, his teenage son was also in the back seat. In addition to the driving while intoxicated charge, due to the fact that his son is under the age of 16, the former campaign aide was also charged with misdemeanor child abuse.
For those first learning of this man’s arrest, this is certainly an example of just how quickly a situation can escalate. In this situation, an alleged road rage incident resulted in DWI accusations, a driver’s license suspension and a child abuse charge.
In cases like this, where a breath test was refused and charges have been filed, it is always a good idea to reach out to an attorney with experience handling a wide variety of DWI cases. This attorney can explain the different options that may be available in order to help get one’s life back in order.
Source: Charlotte Observer, “Andrew Young, former Edwards aide, charged with DWI by Raleigh police,” Ron Gallagher, June 9, 2014