Articles Tagged with blood

For more than three decades, I have worked in North Carolina courtrooms handling DUI cases where law, science, and technology collide. Police officer standing beside patrol car with flashing lights during a traffic stop in North Carolina Few areas highlight that collision more than impaired driving prosecutions involving fatalities and serious injuries.

When an officer testifies about roadside tests or a LCA – Licensed Chemical Analyst explains “breathalyzer” machine results, the evidence is often presented with the weight of scientific certainty. But those of us who defend DWI charges know that level of certitude is sometimes a bit overstated.

The reality is that DUI cases are a perfect storm of pharmocokenetics, engineering, and criminal procedure.

Blood Testing in Fatality Cases
Death by Vehicle Blood Testing in North Carolina involves a certain, although limited, amount of discretion by Law Enforcement.  There are circumstances where blood sampling may be in addition to standard breath-testing on the EC/IR II.

A combination of breath, blood and urine samples may be obtained in appropriate legal circumstances, even if duplicative in nature and would therefore be subject to administrative licensing consequences for failing to comply.

N.C.G.S. 20-141.1 offenses include:

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