Some blood tests are getting to us quicker (thanks private labs!). But the SBI backlog continues, particularly on drug-related blood tests. The big question is avoiding the interlock by pleading guilty prior to the blood test results being returned.
A judge may accept a plea without the DWI blood results. However, the common belief is that if the State seeks a continuance, they are allowed under N.C.G.S. 20-139.1(e2). However, 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 case disposition form should 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.
DWI (Driving While Impaired) blood tests in Greensboro and High Point are complicated; call the 10.0 AVVO rated DWI attorneys at Garrett, Walker and Aycoth. We can help you navigate the defense of any DWI traffic or criminal charge.
- 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.