Search Warrant for Blood
It's incorrect to assume that if you refuse to blow that you will simply have your license suspended, and the police won't be able to get the evidence they need to win a DWI case. In Mecklenburg County, getting a search warrant for blood upon an Intox EC/IR II refusal is as simple as walking across the hall, filling out a brief search warrant form, and having the magistrate sign off on it. The whole process can take less than 10 minutes, depending on how busy the magistrates are at the moment.
Once the officer has the search warrant, he is able to transport you to a nearby hospital and have a nurse take a blood sample. You are then returned to the Mecklenburg County jail for processing, and the officer turns the blood into evidence to be analyzed. The State Troopers and agencies in Gaston County and Iredell County have very similar procedures. The point is: you don't get out of a DWI by refusing to blow and you may end up getting yourself in even more trouble.
As was mentioned in the Intox EC/IR II section, it is important to understand that when a blood sample is taken, the confrontation clause still comes into play. A person has the right to confront a witness who will offer testimonial evidence against them. This means that the actual chemical analyst who analyzed the blood will have to appear in court and testify. This has posed a problem for the state as it isn't always easy to get the chemical analyst from the lab to appear in court.
While the Charlotte-Mecklenburg Police Department (CMPD) has a laboratory they maintain to conduct such tests, most departments and agencies do not. Even CMPD doesn't test all their own blood. If the agencies in the vicinity of Mecklenburg County cannot get CMPD to test their blood, they usually send the blood to be tested by analysts at the North Carolina State Bureau of Investigation (NC SBI) in Raleigh or Greensboro. The reason this may be problematic for the state is that (1) the NC SBI is often backlogged with samples to analyze, which may lead to time delays, and (2) it's not very easy for the NC SBI to send a chemical analyst from Raleigh or Greensboro to testify in Charlotte (or other surrounding counties). This is especially true when the case is continued several times and the chemical analyst has to appear for each court date.
So, can the police draw your blood in a DWI case? Yes. Are there still ways to establish a defense against a DWI blood draw? Yes. If you have any questions or concerns regarding a Search Warrant for Blood or a DWI blood draw, please don't hesitate to contact Adkins Law to speak to a DWI lawyer / DUI lawyer. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.
It's incorrect to assume that if you refuse to blow that you will simply have your license suspended, and the police won't be able to get the evidence they need to win a DWI case. In Mecklenburg County, getting a search warrant for blood upon an Intox EC/IR II refusal is as simple as walking across the hall, filling out a brief search warrant form, and having the magistrate sign off on it. The whole process can take less than 10 minutes, depending on how busy the magistrates are at the moment.
Once the officer has the search warrant, he is able to transport you to a nearby hospital and have a nurse take a blood sample. You are then returned to the Mecklenburg County jail for processing, and the officer turns the blood into evidence to be analyzed. The State Troopers and agencies in Gaston County and Iredell County have very similar procedures. The point is: you don't get out of a DWI by refusing to blow and you may end up getting yourself in even more trouble.
As was mentioned in the Intox EC/IR II section, it is important to understand that when a blood sample is taken, the confrontation clause still comes into play. A person has the right to confront a witness who will offer testimonial evidence against them. This means that the actual chemical analyst who analyzed the blood will have to appear in court and testify. This has posed a problem for the state as it isn't always easy to get the chemical analyst from the lab to appear in court.
While the Charlotte-Mecklenburg Police Department (CMPD) has a laboratory they maintain to conduct such tests, most departments and agencies do not. Even CMPD doesn't test all their own blood. If the agencies in the vicinity of Mecklenburg County cannot get CMPD to test their blood, they usually send the blood to be tested by analysts at the North Carolina State Bureau of Investigation (NC SBI) in Raleigh or Greensboro. The reason this may be problematic for the state is that (1) the NC SBI is often backlogged with samples to analyze, which may lead to time delays, and (2) it's not very easy for the NC SBI to send a chemical analyst from Raleigh or Greensboro to testify in Charlotte (or other surrounding counties). This is especially true when the case is continued several times and the chemical analyst has to appear for each court date.
So, can the police draw your blood in a DWI case? Yes. Are there still ways to establish a defense against a DWI blood draw? Yes. If you have any questions or concerns regarding a Search Warrant for Blood or a DWI blood draw, please don't hesitate to contact Adkins Law to speak to a DWI lawyer / DUI lawyer. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.