North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

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If someone refuses a chemical test and the DMV takes their license, will they automatically get it back if found not guilty?

  1. Yes

  2. No

  3. Only if the court orders it

  4. Only after 60 days

The correct answer is: No

The reasoning behind the choice that states a person will not automatically get their license back if found not guilty after refusing a chemical test is rooted in the laws surrounding implied consent and the consequences of refusal. When someone refuses a chemical test after being stopped for suspicion of driving while impaired, the Department of Motor Vehicles (DMV) can impose a suspension on their driver's license regardless of the outcome of any criminal charges. The suspension is based on the refusal itself, not the subsequent legal outcome. Thus, a not guilty verdict does not reverse the consequences of refusal; it does not automatically restore the license. The legal framework establishes that the DMV operates independently of the court system regarding matters of license suspension related to implied consent laws. Therefore, without an explicit order from the court or fulfilling specific criteria set by the DMV, the individual will remain under license suspension despite being found not guilty of the charges.

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