I was stopped at a check point and i was taken into custody for dwi, they took me to hospital to get blood drawn out. Before arriving to hospital i asked will i get charged for this visit. The officer escorting me there said no but I still recieved a bill. Am I responsible for the bill?
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.
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
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