New Case Regarding DWI Blood Test Without Following the Proper Statutory Authority

In Criminal, Traffic by GWAO

The short version

The North Carolina Court of Appeals has decided another case against the rights of a defendant to refuse a blood test.  State v. Shepley, ___N.C. App. ____, (Nov. 4, 2014), states that an officer who obtained a blood sample with a search warrant, after the defendant refused to submit to a breath test, was proper, even though the officer did not follow the statutory requirements of N.C.G.S. 20-16.2

Chad D. Garrett
Founding attorney

Chad D. Garrett

Criminal Defense, DWI and Traffic Law

Chad practices criminal defense, DWI and traffic law in Guilford County and across North Carolina. He is the author of ABC's of Traffic Law, ABC's of DWI and DWI Essentials.

  • 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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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.