Refused to Blow? Couldn’t Get Enough Breath into the Intoxilyzer 500? North Carolina DWI Refusal Hearings: How They Work.

Do you have a DWI Refusal Hearing?

If you were charged with DWI and did not blow into the Intoxilyzer 500 at the station you have the right to a hearing in front of a DMV Hearing Officer.  Often we hear from clients who attempted to blow into the machine but couldn’t summon enough breath to do so.

How It Works

So lets talk about the process.  You’ve just been arrested for suspicion of DUI/DWI and have been taken down to the chemical analyst to blow into the Intoxilyzer 5000 (the breathalyzer test North Carolina police or sheriffs use). You are nervous, upset, and now you must produce a good breath sample for the officer and chemical analyst who are watching you very closely. What happens if you try, but can’t blow? Your license can be revoked for refusing and your privilege to drive can be taken away for a year.  Additionally, if you are convicted of DWI, you must wait for six months before you are eligible for a limited driving privilege.

Medical Reasons?  Didn’t Understand the Instructions?

There may be valid medical reasons that someone cannot blow into the Breathalyzer at the jail. At The Law Offices of Wiley Nickel, we will provide options for fighting your refusal revocation, and we can represent you at that hearing.  It is important to call us immediately because your right to request a hearing expires quickly and you must request the hearing as soon as possible.

The Hearing

The hearingtakes place at a DMV Office.  It’s a process much like being in front of a judge except it’s before a DMV officer.  Usually it’s just in a small office.  The hearing is recorded and you can present evidence on your behalf.

If you have further questions contact DWI Defense Attorney Wiley Nickel ay 919-585-1486 for a free consultation to discuss your DWI Hearing.  DWI lawyer Wiley Nickel helps people throughout Wake County, North Carolina and handles criminal and traffic offenses arising out of the following cities: Morrisville, New Hope, Apex, Knightdale, Raleigh, Rolesville, Holly Springs, Cary, Wake Forest, Garner, Wendell, Fuquay-Varina and Zebulon.


Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.