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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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.