DWI Blood Test in North Carolina

North Carolina takes DWI infractions very seriously. So seriously, in fact, that legislation has been passed in recent years that makes the process of gathering certain types of evidence against suspected drunk drivers easier for police. Among those types of evidence is a blood test, which is one of the three chemical tests an officer can order to test your blood alcohol level. The administration of a blood test is not as straightforward as that of a breathalyzer test; the results, too, are more complicated.

Ordering a Breath Test

When you are stopped on suspicion of driving while intoxicated, the officer will ask you to submit to a chemical test of your breath, blood or urine to measure your blood alcohol content or BAC. It is up to the officer’s discretion which test you will be asked to take.

If the officer asks you to submit to a breathalyzer test and you refuse, he or she may request a search warrant from the Magistrate, which will grant an authorized individual permission to take your blood against your will.

It is important to note that regardless of whether you submit to a breath test or if it is ordered via a search warrant, your blood can only be taken by what the law deems a qualified person; that is, a nurse, doctor or EMT.

Blood Test Results as Evidence

Not only is the administration of a blood test more complicated than other chemical tests, so, too is the process of having the results of your test admitted as evidence in your case. Your attorney will call into question a number of factors relating to your results, including the way that your sample was stored between the time it was taken and the time it arrived at the lab, the accuracy of the machine it was tested on and even the credentials of the person who analyzed the sample.