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.
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
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.
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.
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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