Most people stopped on suspicion of impaired driving would rather avoid the trip to the police station. Some suspects attempt to dispel officers' suspicions by answering questions about whether they have been drinking and how much they’ve had to drink. Others perform field sobriety tests. A few cut right to the chase, demanding that officers transport them immediately to the station for breath testing. That way, the person who is not impaired by alcohol can resolve the encounter without the indignity--and the record--that accompanies arrest. Right to pre-arrest test. The implied consent testing statutes afford a person stopped or questioned by a law enforcement officer who is investigating an implied consent offense the right to a breath test before being arrested or charged. G.S. 20-16.2(i). There is no requirement that an officer inform a person of this right. While no specific wording is required to request a pre-arrest test, the person must articulate the request in terms that a reasonable officer would understand. By making such a request, the person consents to being transported to the breath testing room, where he or she must confirm the request in writing. Notice of rights. Before conducting a pre-arrest breath test, a chemical analyst must provide a suspect with an abbreviated notice of implied consent rights. The chemical analyst must inform the person that: the test results are admissible in evidence and may be used against the defendant in any implied consent case that may arise; the person’s driving privileges will be revoked if the test results equal or [...]
Faculty Coordinators
