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Does the state test levels of a drug or controlled substance for a DUI in a blood test in Wake County?

Raleigh, NC |

Does the state test levels of a drug or controlled substance for a DUI in a blood test in Wake County? I got a DUI in Wake County and was arrested and they took a blood test. I was not drinking whatsoever but I did have Xanax in my system, I do not have a prescription. My question is do they test the levels of a controlled substance in your system or do they just test for the presence of it? What drugs are tested for in a DUI blood test? Also, is it possible to be found not guilty? I have a few meeting with attorneys but that is on Friday and I wanted to get a clearer picture of what I am facing now.

Attorney Answers 4


  1. It is possible that you'll have a DUI blood test for drugs. Did the officer ask you whether you were taking any prescription or non-prescription drugs? Did you perform FST's (including a Preliminary Alcohol screening test) prior to being arrested, and if so, how did you do? Did they have you perform additional tests (referred to as DRE's) after you were arrested? Did the officer give you a choice between breath and blood test, or just give you the blood test option? You are on the right track by setting up meetings with some attorneys in your area to discuss further. A lot of variables to be answered that can help speculate as to whether or not they will test for drugs.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.


  2. Since they know you were not drinking, they will give a DUI blood test for drugs and if you mentioned Xanax, they will specifically test for that. Depending on how they test it. it may simply reveal the presence or may also indicate the amount or concentration of the substance in your blood. Blood test cases are difficult for the state to prove. You definitely need to be represented by an experienced Criminal Defense Attorney. It is certainly possible to be found not guilty but your result will depend on a number of factors. Lawyer up.


  3. It's not uncommon in North Carolina for blood to be sent to the SBI State Bureau of Investigation Crime Lab for testing. One thing to be VERY cautious of is a "preliminary screening" for the existence of impairing substances vs. an actual GC Gas Chromatograph testing protocol.

    Although it is possible to determine the active / inactive metabolities in a blood sample, the reports don't always immediately indicate such. One would be wise to review the Chromatogram and calibration materials.

    It's an extremely complicated area of law. Make certain you speak with an attorney with substantial experience handling blood cases in Wake County. One of the best in Raleigh is John Fanney. I've taught numerous seminars with him. Please tell him I said hello!

    John K. Fanney

    Dement Askew
    333 Fayetteville St Mall, Suite 1513, PO Box 711
    Raleigh, NC 27602
    Contact John K. Fanney

    T: 919-833-5555

    F: 919-832-8287

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.


  4. It will depend what the Testing Officer marked on the blood sample to be tested. If there was no alcohol present on your breath, the Officer probably thought you were impaired on drugs, so he/she more than likely marked the sample to be tested for everything.

    It is always possible to be found not guilty, you are innocent until proven guilty, there are many ways to fight a blood case. Find an attorney who focuses on DWIs to fight this case for you.

    Attorney Gregory Spink is licensed in North Carolina, with a focused practice in Mecklenburg and Gaston Counties. Nothing is intended in this post to serve as legal advice. It is my opinion based on studying the law and passing the Bar Exam and should not be construed as legal advice. You should always contact a local attorney, who is familiar with local rules. Each case must be judged on a case by case basis with all evidence being reviewed by a licensed attorney. Nothing in this post should be construed as creating an attorney and client relationship.

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