Regardless of the circumstances, being pulled over by a police officer is a nerve-wracking experience. When an individual is subsequently asked to exit his or her vehicle and submit to field sobriety tests and a breath test or blood test, the situation quickly escalates. If faced with this scenario, it's important to pay close attention to what a police officer says and does and also to understand one's legal rights.
For example, when asked by a police officer, many North Carolina residents likely believe that they have no choice but to submit to a breath or blood test. While North Carolina's Implied Consent law imposes penalties against drivers who refuse to submit to these types of chemical tests, a police officer cannot force a driver to submit to a test wihtout a warrant or "exigent circumstances". In reality, an individual not only has the right to refuse to submit to a breath or blood test, but doing so may also be one's best option.
The best option may, in fact, be for the motorist to refuse the test. The ball is then in the officer's court to allege exigent circumstances allow him to take blood without a warrant, or seek a warrant, or just throw in the towel and not get the blood test.