I was arrested for a DUI. I passed the breathalyzer test but the officer still felt I was impaired so I was taken into custody and they drew blood. My court date is 3 wks from the time I was arrested. Do you think they will have the results by then?
All submissions of blood results go to the SBI (with very, very few exceptions). As a result, the SBI is about 1 year back-logged. I know this because I was a former prosecutor and I have begged the SBI to rush certain results relating to things such as murder, rape, aggravated DWI, etc. You can force the envelope and demand a trial prior to blood results and insist a trial based on what is known as "appreciable impairment." This course of action would only be advisable if you think your BAC wass .15 or greater. At a .15, upon conviction, you will have to face 1yr of Interlock . . . the device that requires you to blow into the machine prior to starting your vehicle. This system will cost you a fortune, by the way.
No they will not have the blood results by that time. I practice in Mecklenburg County and blood cases usually take 6-8 months to return. Your case will more than likely be continued but I did read a recent article that Judges in Wake County are suppressing blood results that have not returned with 9 months.
Find an experienced attorney to fight the blood results.
It could take almost a year. In NC, the pattern jury instructions state that a person can be found guilty of a DWI EITHER by appreciable impairment or BAC > 0.08.
Appreciable impairment is based on the officer's notes when he gave you a field sobriety test. So even if the blood comes back negative for substances, you could still be convicted of DWI.
Your attorney can look at the facts and discuss your options.
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