Greensboro DWI Blood Tests Now Require a Warrant.
When you are pulled over for and suspected of DWI, officers typically perform a series of field sobriety tests (FTC) to determine whether or not a Breathalyzer and potentially a blood test are needed. If officers believe you may be under the influence of alcohol, they can require a warrant-less breath test to determine the blood-alcohol content (BAC). If the Breathalyzer results read .08 or higher DWI charges are triggered. However, if you refuse to take the Breathalyzer test, your driver’s license will automatically suspended.
Because Breathalyzer tests are “warrant-less” this means that the law allows police officers to conduct such tests directly on an individual, without the approval and signature of a judge. For years, this has also been the case with the use of blood tests to determine BAC after the refusal of an on-site Breathalyzer test. But, as of June 2016, the Supreme Court of the United States has ruled that warrants must be obtained by officers before a blood test may be conducted on an individual suspected of DWI.
The Court reasoned that “blood tests are significantly more intrusive, and their reasonableness must be judged in light of the availability of the less invasive alternative of a breath test.” Because the main goal of officer’s performing a Breathalyzer test is to determine BAC, in most cases, the use of only the Breathalyzer ultimately serves the interests and intent of officers. Birchfield v. North Dakota, 195 L.Ed.2d 560, 26 Fla. L. Weekly Fed. S. 300 (U.S. 2016).
As a result of this recent ruling it is important to understand your rights when pulled over for a suspected DWI. If you were required to participate in a blood test without the presentation of a valid warrant before the administering of the test, your Constitutional rights may have been violated. It is imperative that you speak with a licensed attorney about your case. For more DWI information and to find a l10.0 AVVO rated DWI lawyer in your area, please click here.
- 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.