The police officer can ask you to give blood instead of or along with blowing into a breathalyzer. Again, you are not required to give blood, but because North Carolina is an “implied consent” state, your license will be revoked for 1 year if you refuse. (See above for my discussion of breathalyzer refusals.)

A blood test is much more accurate than a breathalyzer exam. But if blood is given, it will take the State Bureau of Investigation – the state’s equivalent of the FBI – at least six months to get the results back.

Your case will take a long time to resolve. If the blood test reveals that you had a BAC of .08 or above, that result is pretty accurate. While there are ways to challenge the result – by showing that the police didn’t follow a proper “chain of custody” in handling the blood sample – if the blood test is admitted into evidence, your lawyer should come up with other arguments to challenge the DWI.

Damon Chetson - 1003 posts

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.

Raleigh Criminal Lawyer