This question is a mixed bag of military (UCMJ) and state administrative law.
When you say that you "passed" the field sobriety tests, I must ask how you know? Your interpretation of passing and the MP's are likely very different. If indeed you did pass, there may be a problem with the officer's probably cause to arrest. If that is the case, he likely didn't have grounds to invoke North Carolina's expressed consent law.
Obviously, you have a very complicated issue. Please consult with an attorney who is knowledgeable in both the UCMJ as well as the state laws in your jurisdiction.
You should do so as soon as possible as most states have a time limit in which to request an administrative law hearing concerning your driving privileges.
Best of luck.
I don't practice UCMJ or NC law, but assuming that you did "pass" the FSTs it's my opinion that your only hope is to take it to trial. At that point the refusal will come in, but you can override it with evidence from the FSTs and other evidence that you were not impaired to an appreciable amount.
With respect to the suspension, generally speaking you should see if there is an administrative hearing available to challenge the suspension. The DMV has to prove that your refusal was knowing and intelligently made and was actually a refusal.
Edward J. Blum
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