While investigating a possible DWI, the police have the power to do a DUI blood draw under certain conditions. So keep reading to know how far the State can go under the law.
DUI Blood Draw Cases
While no one wants truly “drunk” drivers on the road, some believe the law goes too far in North Carolina. Rather than tell you what to think, we’ll give you one common scenario and let you decide for yourself. So after a DUI arrest, the officer will tell you your Miranda rights. Because a DWI is a criminal offense, we all have certain rights under the Constitution. For example, you have the right to refuse breath testing. Since it is your right, you don’t have to give a reason. In addition to hearing you should never “blow,” some people just don’t trust the machine. Regardless, does the refusal end the process? Not necessarily. So here comes the surprise part.
As a result of you exercising your right to refuse, the police have the option to take your blood. Even forcibly if necessary. That’s correct. While you thought you have rights, the State’s power is greater. And by the way, the law changed to make it easier to convict. Consequently, it is a right without a remedy. So how does that sit with folks who concern themselves with fundamental rights and fairness? But what about all of those drunk drivers on the road? Rather, does the end goal justify the means? You have to decide.
So What If No DUI Blood Draw
Because the burden of proof is always on the State, they have to prove you guilty beyond a reasonable doubt. While they don’t have to have a “number,” some cases seem to require it. For example, speeding is not an indicator of impairment. And frankly, unless you are falling down, no one really relies on balancing roadside tests. So if you look pretty good on video and the police do not take your blood, that’s on them. After all, a properly taken and tested blood result is definitive. Even the best DWI attorney will have trouble defending a solid blood number. In conclusion, simply hold the State to the standard they demand. Hence, if they do bring the evidence, they cannot prove their case.