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it's an "implied consent" offense

He smelled alcohol in the vehicle. She admitted to drinking earlier in the night. She refused to perform any Field Sobriety Tests at the scene. When you get your driver's license in NC, it's a privilege not a right. DWI is an "implied consent" offense. That means by opting to get your driver's license, you automatically give consent to be subject to an alcohol breath test, if you are suspected of drinking & driving. She would have avoided a lot of grief if she would have submitted to the testing at the scene. Sure she was wearing high heels, but it's very easy to perform those tests barefoot on an asphalt parking lot.


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