Greensboro DWI Attorney focuses on blood tests, as it is the most asked about subject regarding DWIs.
Some blood tests are getting to us quicker (thanks private labs!). But the SBW backlog continues, particularly on drug-related blood tests. Rumors aside, lets address the big question – avoiding the interlock by pleading guilty prior to the blood test results being returned.
A judge may accept a plea without the blood results. However, if the State seeks a continuance, they are allowed under N.C.G.S. 20-139.1(e2). A close reading of this statute indicates it actually applies to circumstances in which the analysis has been completed and the State seeks a continuance so that the analysts can be present to testify.
It does not, contrary to popular belief, allow unlimited continuances for the State so that the analysis can be preformed.
A district attorney should, and defense counsel should insists and assure, that a case disposition form be sent to the SBI if the case is disposed of prior to the chemical analysis completion.
This will prevent any question of the $600 testing fee being assessed against the defendant, as well as any unintended results being forward to the DMV, who would honor any result above a .15 in their insistence on requiring an interlock device.
If you need a top rated Greensboro Criminal Defense Attorney, or who we consider Greensboro’s best DWI lawyers, call Garrett, Walker, Aycoth and Olson at 336-379-0539 today.
- Continuing Legal Education Instructor of the Year, North Carolina Bar Association
- Former President, Greensboro Criminal Defense Lawyers Association
- Board Member, Criminal Justice Section, North Carolina Bar Association
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Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.