WINSTON-SALEM CRIMINAL DEFENSE ATTORNEYS
DEFENDERS OF YOUR RIGHTS. YOUR LIFE. YOUR FUTURE.
Serving the Greensboro - Winston - Salem - High Point Piedmont Triad Area
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Transcript:
What's up? I'm attorney Derek gray Graystar legal. We are a criminal law firm located here in Winston Salem, North Carolina and this is our FAQ series. So today's question deals with DWIs. In other states are called DUIs, or owi's , which was standing or operating a vehicle while impaired or driving under the influence in North Carolina. They're called driving while impaired pair charges. Today's question is, is it better to take a blood test or a breath test after you've been arrested for a DWI? So, let's first start with the law of DWI. In North Carolina it is 20 Dash 130 8.1. Getting into the actual question itself, typically, you don't have the option to choose whether to take a blood or breath test, the officer will request a breath tests usually, if you refuse, they'll get a search warrant for your blood, and then take your blood. If they have reason to believe that you're impaired by some other substance and alcohol, a lot of times they'll go straight to the blood tests. But the answer to to answer the question very succinctly, if you do have the option, let's say hypothetically speaking, I would say the blood test is better. And the reason I say the blood test is better is because it incorporates an additional witness that would have to be present at trial, or testify at trial in order to have that blood alcohol concentration be admissible. The breath test, the officers a lot of times are also certified chemical analysts. So they be able to get that in through their own testimony. And that usually is the same officer that would have stopped you and arrested you. So for purposes of trial and make it more difficult for them to prove their case, incorporate an additional witness that would have to be present and testify would be more advantageous to a lawyer in my position as far as defending you. So there you go. I'm gonna say the blood test. I hope that answered your question. If you have further questions, feel free to leave comments below or just give us a call. I love to talk about it. I love to help y'all take care
