An arrest for suspected DWI sometimes results in a driver refusing a Breathalyzer test. Breath test refusal is a driver's right, but few North Carolina motorists realize that drivers are allowed to demand to take a test for blood alcohol content.

Why would a driver ever willingly submit to a DWI test? While frequently it seems more prudent for a driver to avoid a drunk driving test, some attorneys recommend taking one before an arrest is made in certain circumstances. It is suggested that drivers, who are positive that they have not violated a DWI law, insist upon taking an alcohol breath test. With successful passage of a Breathalyzer test, no charges are placed on a suspect's record.

A driver must ask for a so-called "pre-arrest" test prior to the time an arrest or charges are made. The officer would escort the suspect to a facility where a chemical analysis can be conducted and obtain the driver's written consent. Results of an on-the-scene alcohol breath test will not hold up in court. By insisting on an alcohol breath test, a driver who is pulled over under the suspicion of drunk driving agrees to abide by the test results.

In a recent DWI case in High Point, North Carolina, a judge dismissed charges against a driver whose rights were violated. The defendant was arrested before the suspect could request an alcohol breath test. The judge dismissed the charges after hearing the arresting officer tried to backpedal and "un-arrest" the suspect in order to honor the request.

And with police and prosecutors always wanting to clamp down more on drunk driving, it can lead to drivers being unfairly targeted. If you have not been drinking but are suspected of doing so, demanding to take a test to prove innocence can be an easy way to prove you were unfairly detained.

Source: digtriad.com, "Defense Attorney Explains Pre-Arrest Test And When You Can Get One," Sarah Lanse, Feb. 2, 2012