Generally, no. North Carolina is an implied consent state, which means that any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied consent offense. DWI is one such offense. The penalty for refusal is a one year suspension of your license. You may make a written request for a hearing before the DMV to appeal your revocation. If the DMV upholds your suspension, you may request a hearing in Superior Court within 30 days of the DMV hearing. It is also possible under some circumstances to obtain a limited driving privilege following six months of the one year suspension period. You may be eligible if you:
- Have no DWIs in the preceding seven years;
- Have not refused to submit to a chemical analysis in the preceding seven years;
- The DWI with which you are charged did not involve death or serious injury;
- You have not been charged or convicted of an implied consent offense subsequent to the refusal;
- You’ve obtained a substance abuse assessment from a drug and alcohol counseling center and completed the recommended treatment; and
- The DWI charge from which the refusal arose has been disposed of either by no conviction or a Level 3, 4, or 5 DWI conviction, and you’ve complied with at least one of your conditions of probation.
