NORTH CAROLINA — G.S. 20-16.2 IMPLIED CONSENT

Affidavit & Report of Chemical Analyst / Implied Consent Rights Advisement

This form documents the chemical test administered at a DWI stop. Primarily completed by law enforcement — defendants and attorneys use this tool to reconstruct and review the record.
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IMPORTANT: This form is an official law enforcement document. It is reproduced here for reference and review purposes only. Defendants and attorneys should use this generator to document and analyze the facts of a stop — not to file a substitute document. Always obtain the original law enforcement copy through discovery. If you were arrested for DWI, call an attorney immediately.

01 LAW ENFORCEMENT OFFICER INFORMATION
02 DEFENDANT / SUBJECT INFORMATION
03 STOP / ARREST DETAILS
04 VEHICLE INFORMATION
05 CHEMICAL TEST / IMPLIED CONSENT
COUNTY OF STOP
— Select above —

CHARGED WITH DWI?

DWI is a serious charge. The chemical analyst affidavit is the cornerstone of the State's case. You need an attorney who knows how to challenge it.

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IMPLIED CONSENT — G.S. 20-16.2

  • NC is an "implied consent" state — driving = consent to chemical testing
  • Officer must inform you of your rights BEFORE requesting the test
  • You have the right to have a witness present within 30 minutes while officer waits
  • Refusal triggers a separate 1-year civil revocation by DMV — even if you beat the DWI charge
  • Refusal is admissible as evidence of guilt at trial

LEGAL LIMITS — NC

.08 BACStandard (age 21+)
.04 BACCommercial vehicle (CDL)
.00 BACUnder 21 — zero tolerance
.15 BACAggravated DWI threshold
G.S. 20-138DWI statute
G.S. 20-16.2Implied consent rights

BREATH TEST CHALLENGES

  • Instrument must be in calibration — request calibration logs through discovery
  • Analyst must hold valid certification at the time of the test
  • 20-minute observation period required before breath test
  • Mouth alcohol from recent food/drink/medication can skew results
  • GERD/acid reflux can cause falsely elevated readings

REFUSAL CONSEQUENCES

  • 1-year civil license revocation (separate from criminal case)
  • Refusal is admissible as consciousness of guilt
  • No limited driving privilege during the 1-year refusal revocation period
  • A second refusal within 7 years is a Class 1 misdemeanor