State v. Summers

LAKE, Justice.

Defendant was stopped on 23 March 1996 for passing another vehicle in a no-passing zone and was subsequently arrested for dri ving while impaired (DWI) in violation of N.C.G.S. § 20-138.1. He was taken to the magistrate’s office, where the charging officer recorded that defendant willfully refused to submit to an Intoxilyzer breath-alcohol test. Defendant’s refusal was reported to the Division of Motor Vehicles (DMV), which notified defendant that his driver’s license was being revoked for one year, pursuant to N.C.G.S. § 16.2(d). Defendant appealed for a hearing before DMV, at…