Bill Text: NC S16 | 2011-2012 | Regular Session | Amended
Bill Title: Obtain Blood Sample/Implied-Consent Laws
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-06-13 - Ch. SL 2011-119 [S16 Detail]
Download: North_Carolina-2011-S16-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 2
SENATE BILL 16
Judiciary II Committee Substitute Adopted 3/21/11
Short Title: Obtain Blood Sample/Implied‑Consent Laws. |
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Referred to: |
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February 1, 2011
A BILL TO BE ENTITLED
AN ACT to require that law enforcement request a blood sample under the state implied‑consent laws from any person criminally charged in any case involving death by vehicle and certain other offenses and to seek a warrant if the driver refuses and there is probable cause to believe the offense involved impaired driving or is alcohol‑related.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑16.2(a1) reads as rewritten:
"(a1) Meaning of Terms. – Under this section, an "implied‑consent
offense" is an offense involving impaired driving, an alcohol-related
offense, or charged as a violation of G.S. 20‑141.4(a2), and is driving
or an alcohol‑related offense made subject to the procedures of this
section. A person is "charged" with an offense if the person is
arrested for it or if criminal process for the offense has been issued."
SECTION 2. G.S. 20‑139.1(b5) reads as rewritten:
"(b5) Subsequent Tests Allowed. – A person may be
requested, pursuant to G.S. 20‑16.2, to submit to a chemical
analysis of the person's blood or other bodily fluid or substance in addition
to or in lieu of a chemical analysis of the breath, in the discretion of a law
enforcement officer. officer; except that a person charged with a
violation of G.S. 20‑141.4 shall be requested to provide a blood
sample in addition to or in lieu of a chemical analysis of the breath. However,
if a breath sample shows an alcohol concentration of .08 or more, then
requesting a blood sample shall be in the discretion of a law enforcement
officer. If a subsequent chemical analysis is requested pursuant to this
subsection, the person shall again be advised of the implied consent rights in
accordance with G.S. 20‑16.2(a). A person's willful refusal to
submit to a chemical analysis of the blood or other bodily fluid or substance
is a willful refusal under G.S. 20‑16.2. If a person willfully
refuses to provide a blood sample under this subsection, and the person is
charged with a violation of G.S. 20‑141.4, then a law enforcement officer
with probable cause to believe that the offense involved impaired driving or
was alcohol‑related shall seek a warrant to obtain a blood sample. The
failure to obtain a blood sample pursuant to this subsection shall not be grounds
for the dismissal of a charge and is not assignable as error on appeal."
SECTION 3. This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.