North Carolina DWI Defense Drawing the Defendant's Blood

For those who have been charged with violating North Carolina DWI Law, they have experienced a very confusing and frustrating time in their lives. Being accused of a somekeyword ">North Carolina DUI or somekeyword Carolina DWI can be very scary. Most people understand that there are serious consequences which come with being charged and/or convicted of a DWI in North Carolina.

One of the things which can come up for some people's DWI charges is a blood draw. This article will discuss the circumstances in which a blood draw may take place, why it will take place, and what it means for the case.


First, the most common circumstance that a North Carolina Police Officer might draw a Defendant's blood on suspicion of a DWI is if the Defendant refuses to submit to the Intoxilyzer Breath Test. The intoxilyzer is the machine the Police have at the Station house which is used to obtain a breath sample which measures blood/alcohol concentration. Refusing to provide a breath sample for the Intoxilyzer will result in an immediate suspension of your driver's license for 30 days and a potential one-year suspension of your driving privileges (assuming you do not prevail at the DMV hearing on the refusal). However, if you refuse to blow, a Police Officer will often times have a magistrate sign off on a warrant allowing for a blood draw.

Another reason the Police may draw blood from a Defendant suspected of somekeyword While Intoxicated North Carolina is if they did not register any alcohol on either/both the Alcosensor (the handheld breathalzyer) or the Intoxilyzer (mentioned before). In those instances, it is the belief that the Defendant may be impaired by some other substance other then alcohol and the blood test will be necessary to ascertain what that substance is.

The final reason a blood sample would be taken is in the event the Defendant was in a bad accident and are unconscious. If the State is unable to gather any evidence through the use of Field Sobriety Tests or by things they observed by the Defendant, AND they are unable to have the Defendant blow into the Intoxilzyer to provide a breath sample, the Police Officer may draw blood.

What a blood draw will mean for a somekeyword or DWI Defense anywhere else in the State is a prolonged case. The State relies on the State Bureau of Investigation to process the blood sample and it is notorious at taking 6 months or more for the results to come back. It is not unheard of for blood cases to take over a year to come to trial for that reason.

Additionally, if the Defendant's DWI Defense Lawyer planned appropriately, the State will have some extra evidentiary hoops to jump through in order to admit the blood results. There could be a challenge on chain of custody and/or challenging the matter in which the blood was drawn. Additionally, the State may be required to produce the person who actually drew the blood to testify to the same.

For these reasons, if you are facing a DWI charge in North Carolina, it is always best to at least speak with a local DWI attorney about your case.

Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

You have read the best review article categorized by tax attorney and the title North Carolina DWI Defense Drawing the Defendant's Blood. You can bookmark or spread this post by using this URL http://taxattorneytips.blogspot.com/2012/05/north-carolina-dwi-defense-drawing.html. Thank You!