Can Police Forcibly Take Your Blood During a DWI Arrest in North Carolina?

North Carolina residents may know that they can refuse Breathalyzer tests during a DWI arrest. But could officers forcibly take a blood sample from you in this situation? How does this work? When does your right to refuse tests end, and how might it affect your criminal case? This is something you might want to discuss with an experienced DWI defense attorney in North Carolina. 

You Have the Right to Refuse Most Tests

As a driver in North Carolina, you have the right to refuse most DWI tests. These include Breathalyzer tests, field sobriety tests, and blood tests. Until they have been officially arrested for driving while intoxicated, police officers may lack probable cause to carry out a DWI test. You have the right to refuse, and doing so may not necessarily lead to serious legal consequences. 

Things change after police officers officially arrest you for driving while under the influence. At this point, they may go beyond merely “requesting” that you participate in a Breathalyzer test. If you refuse, you may face automatic license suspension and other consequences according to North Carolina’s informed consent laws. Speak with a DWI lawyer in North Carolina to learn more about these potential consequences. 

Police Can Potentially Facilitate a Blood Sample Without Your Consent

There are some situations in which police officers might be legally justified in facilitating a blood sample without your consent. First, they could potentially ask first responders and other health care providers to take a sample of your blood while you are unconscious. They may do this after you suffer some kind of head injury that makes you lose consciousness. When you wake up, the authorities may already have your blood sample. 

They may also take your blood under “exigent circumstances.” Past cases have determined that if a police officer acts quickly and follows certain guidelines, they may be able to facilitate the forcible extraction of your blood at a nearby hospital or clinic. 

Finally, police officers may be able to forcibly take your blood if they obtain a search warrant. However, alcohol generally dissipates from the body within a few hours. Because it may take four or five hours to obtain a warrant from a magistrate, it is usually impractical to forcibly obtain a blood sample in this manner. By the time a health care provider takes your blood, the alcohol content would have likely dissipated to a considerable degree. 

Can a DWI Defense Attorney in North Carolina Help Me?

A DWI defense attorney in North Carolina may be able to help if you face consequences for refusing any kind of test during an arrest. Generally speaking, refusing a test leads to automatic penalties due to informed consent laws. That being said, you may be able to push back against charges if police forced you to participate in a test without your consent. Contact Coastal South Law today to learn more about your options.