If im in police custody and they take me to hospital to get blood sample am i responsible for the bill?
2 attorney answers
We have for years fought against that. Frankly, we believe the practice to be unreasonable. The blood testing is not for the purpose of medical diagnosis or treatment.
If the State wants to seize the blood, either by warrant or even consent, the accused should not be forced to pay for sampling.
As such, when we represent clients in such matters, we may (in appropriate circumstances) send formal correspondence to the hospital, disputing the invoice/bill.
In that letter, we write something to the effect, "XXX did not request treatment. As such, we dispute owing the statement amount. If you wish to secure payment, you may wish to contact the police agency responsible for the blood draw."
The fee for taking the blood is SEPARATE AND APART from the lab fee to TEST the blood: SEE NCGS 71-304: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_7A/GS_7A-304.pdf
(7) For the services of the North Carolina State Crime Laboratory facilities, the
district or superior court judge shall, upon conviction, order payment of the
sum of six hundred dollars ($600.00) to be remitted to the Department of
Justice for support of the Laboratory. This cost shall be assessed only in cases
in which, as part of the investigation leading to the defendant's conviction, the
laboratories have performed DNA analysis of the crime, tests of bodily fluids
G.S. 7A-304 Page 3
of the defendant for the presence of alcohol or controlled substances, or
analysis of any controlled substance possessed by the defendant or the
The Court may also impose a fee for the lab analyst's testimony, adding yet another $600 to the cost. (If the after the testimony the D is found guilty or pleads guilty to DWI charges). **Talk to a lawyer as this is a highly complicated, technical aspect of the NC DWI laws.
There may be defenses to the charge(s). EACH CASE IS DIFFERENT and therefore merits careful consideration of the fact-pattern and surrounding circumstances behind the charges.
NC DWI Defense Attorney
Mecklenburg Iredell Gaston Rowan and Union Counties
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 CRIMINAL DEFENSE, DWI DUI, and/or Traffic Law matters. 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.
No, BUT if the test is positive and you are convicted of DWI, you are looking at a $600.00 lab fee which gets added to court costs, fines, and DWI fees you will owe.