Bill Text: NC S16 | 2011-2012 | Regular Session | Chaptered
Bill Title: Obtain Blood Sample/Implied-Consent Laws
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-06-13 - Ch. SL 2011-119 [S16 Detail]
Download: North_Carolina-2011-S16-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-119
SENATE BILL 16
AN ACT to require that law enforcement request a blood sample under the state implied‑consent laws from any person criminally charged in any case involving death by vehicle and certain other offenses and to seek a warrant if the driver refuses and there is probable cause to believe the offense involved impaired driving or is alcohol‑related.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑16.2(a1) reads as rewritten:
"(a1) Meaning of Terms. –
Under this section, an "implied‑consent offense" is an offense
involving impaired driving driving, a violation of G.S. 20‑141.4(a2),
or an alcohol‑related offense made subject to the procedures of this
section. A person is "charged" with an offense if the person is
arrested for it or if criminal process for the offense has been issued."
SECTION 2. G.S. 20‑139.1(b5) reads as rewritten:
"(b5) Subsequent Tests
Allowed. – A person may be requested, pursuant to G.S. 20‑16.2, to
submit to a chemical analysis of the person's blood or other bodily fluid or substance
in addition to or in lieu of a chemical analysis of the breath, in the
discretion of a law enforcement officer. officer; except that a
person charged with a violation of G.S. 20‑141.4 shall be requested
to provide a blood sample in addition to or in lieu of a chemical analysis of
the breath. However, if a breath sample shows an alcohol concentration of .08
or more, then requesting a blood sample shall be in the discretion of a law
enforcement officer. If a subsequent chemical analysis is requested
pursuant to this subsection, the person shall again be advised of the implied
consent rights in accordance with G.S. 20‑16.2(a). A person's
willful refusal to submit to a chemical analysis of the blood or other bodily
fluid or substance is a willful refusal under G.S. 20‑16.2. If a
person willfully refuses to provide a blood sample under this subsection, and
the person is charged with a violation of G.S. 20‑141.4, then a law
enforcement officer with probable cause to believe that the offense involved
impaired driving or was an alcohol‑related offense made subject to the
procedures of G.S. 20‑16.2 shall seek a warrant to obtain a blood
sample. The failure to obtain a blood sample pursuant to this subsection shall
not be grounds for the dismissal of a charge and is not an appealable issue."
SECTION 3. This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 8th day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 9:16 a.m. this 13th day of June, 2011