Can Sober Drivers get DUIs?
A California lawmaker is proposing a DWI law that would make it illegal to drive while sober. The bill would make it: Because she wants to make it “unlawful for any person who has any level of...
View ArticleBlood and Raleigh DWI Cases
When someone is arrested in North Carolina for a DWI, the state typically will require that the person undergo a chemical analysis. This analysis most often requires the person to blow into a machine...
View ArticleDrawing Blood in a DWI Hospital Case
Shea Denning at the School of Government’s Criminal Law Blog has an interesting post on whether medical professionals can be compelled to draw blood by threat of criminal prosecution. NCGS 20-139.1...
View ArticleCan Officers Draw Blood in DWI cases?
If you’re stopped in a DWI, can an officer draw your blood even without your consent? What protections do you have against a warrantless blood draw in a DWI case? In North Carolina (and most states),...
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Proposed Amendment to North Carolina’s Blood Draw DWI Statute
NCGS 20-139.1 establishes the methods and admissibility for chemical analyses, including blood draws, consisted with North Carolina’s implied consent law. Note that NCGS 15A also permits the state to...
View ArticleChanges in Wake County DWI Courtrooms
Wake County continues to have the largest number of DWI arrests of any county in the State. In short, DWI enforcement in Raleigh is up. And, apparently, general traffic citations are somewhat down in...
View ArticleCan the State Require the Defendant to Pay for the State’s Witnesses?
The Sixth Amendment affords the Defendant the right to confront witnesses against him or her. This right can be waived. This right has certain exceptions and caveats. But in recent years, following...
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A Warrant for your DWI Blood
Sec. 20-16.2(b) purportedly allowed an officer to obtain blood from an unconscious person without the requirement that the officer first get a warrant. That provision was struck down last week in State...
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