If I'm stopped for a DUI and and request a blood test and refused a breathalyzer but am denied a blood test is that legal?
Answer
Yes. You don't get to choose between a blood or breath test. In North Carolina if you are charged with DWI (not DUI), you are required to submit to a breath test. If you refuse, your license will be suspended simply because of the refusal even if you are later found not guilty of the DWI. You are entitled to get your own test done but that is on your dime and usually several hours after the fact at best so your own test is of limited value.
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