Blood Draws

Violent DWI blood draw

DWI Blood Draw Turns Violent

In July police responded to a hospital after a patient was involved in a car accident earlier in the day. Suspecting that the patient had consumed an impairing substance, police wanted to draw the person’s blood for testing to turn up evidence of impairment. But police lacked a warrant, and lacked exigent circumstances. The case…

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DWIs and Warrants

As if it were an open question, the Supreme Court today reaffirmed the principle that warrants are required before the police conduct a search or seizure under the Fourth Amendment, except in certain limited circumstances. Criminal defense lawyers have long complained that the exceptions swallow the rule, such that warrants are rarely required in fact,…

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Proposed Amendment to North Carolina’s Blood Draw DWI Statute

NCGS 20-139.1 establishes the methods and admissibility for chemical analyses, including blood draws, consisted with North Carolina’s implied consent law. Note that NCGS 15A also permits the state to admit the results of blood tests taken by search warrant. But if a blood draw is admitted into evidence in court pursuant to the implied consent…

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Can Officers Draw Blood in DWI cases?

If you’re stopped in a DWI, can an officer draw your blood even without your consent? What protections do you have against a warrantless blood draw in a DWI case? In North Carolina (and most states), your refusal to submit to an Intox EC/IR II breathalyzer test will result in what’s called a “refusal.” That…

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Drawing Blood in a DWI Hospital Case

Shea Denning at the School of Government’s Criminal Law Blog has an interesting post on whether medical professionals can be compelled to draw blood by threat of criminal prosecution. NCGS 20-139.1 establishes the various ways that police can collect a chemical analysis from someone charged in an impaired driving offense. It requires medical professionals –…

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Blood and Raleigh DWI Cases

When someone is arrested in North Carolina for a DWI, the state typically will require that the person undergo a chemical analysis. This analysis most often requires the person to blow into a machine called the Intox EC/IR II, a machine manufactured by Intoximeters, Inc. If the person refuses to blow or the person is…

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Does a .08 BAC compel a guilty verdict in a DWI in NC?

North Carolina’s DWI statute – NCGS 20-138.1 – provides the State with three possibilities in convicting a person of Driving While Impaired in North Carolina.  The State can either convict the person upon a showing that the person had a .08 or above Blood Alcohol Concentration at a relevant time after driving, that the person…

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North Carolina DUI and .08 Blood Alcohol Level

Most people think that if you blow below a .08 on the breathalyzer, that you can’t be convicted of drunk driving.  Not true. In North Carolina and, now, all states, a .08 blood alcohol level is per se drunk driving. That means that, provided the jury believes that you blew a .08, that the machine…

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