GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SENATE BILL 16
RATIFIED BILL
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.
_____________________________________
Walter H. Dalton
President of the Senate
_____________________________________
Thom Tillis
Speaker of the House of Representatives
_____________________________________
Beverly E. Perdue
Governor
Approved __________.m. this ______________ day of ___________________, 2011