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NC S16

Bill

Status

Passed

6/13/2011

Primary Sponsor

Douglas Berger

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Expands "implied-consent offenses" to include violations of G.S. 20-141.4(a2) in addition to impaired driving and alcohol-related offenses.

  • Requires law enforcement to request a blood sample from persons charged with G.S. 20-141.4 violations, in addition to or instead of breath analysis, unless breath sample shows .08 alcohol concentration or higher.

  • Mandates law enforcement officers to seek a warrant for blood sample if a person charged with G.S. 20-141.4 refuses to provide one and officer has probable cause to believe offense involved impaired driving or was alcohol-related.

  • Provides that failure to obtain a blood sample under warrant procedures is not grounds for charge dismissal and is not an appealable issue.

  • Effective December 1, 2011, and applies to offenses committed on or after that date.

Legislative Description

Obtain Blood Sample/Implied-Consent Laws

Last Action

Ch. SL 2011-119

6/13/2011

Committee Referrals

Judiciary Subcommittee B3/24/2011
Judiciary II2/1/2011

Full Bill Text

No bill text available