Some DWI 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 DWI 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.