Proposed Amendment to North Carolina’s Blood Draw DWI Statute

Raleigh Blood DrawsNCGS 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 laws, then NCGS 20-139.1 applies.

A proposed amendment now in the House would permit the State to admit the results of a blood draw taken pursuant to the implied consent laws of the state by anyone certified as a chemical analyst by the DHHS who works in a hospital, public or private.

In doing so, the law no longer limits chemical analysts to those employed by the SBI or other laboratories established and operated under the DHHS.

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Damon Chetson

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.