{"id":9908,"date":"2013-12-04T07:58:39","date_gmt":"2013-12-04T07:58:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-04T07:58:39","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9908","title":{"rendered":"NC: Delay to get a SW for blood shown to be exigency"},"content":{"rendered":"

A warrantless blood draw was with exigent circumstances under McNeeley<\/a>. Defendant was stopped at a DUI checkpoint, and he was apparently under the influence. Based on that, he was given a FST, and he apparently failed. He was taken to a mobile BAC machine, and he refused the test. Because the nearest hospital was 15 minutes away, and a warrant at the jail would take hours, it was reasonable to conclude that the blood draw was necessary because of dissipation of BAC. State v. Dahlquist<\/a>, 2013 N.C. App. LEXIS 1231 (December 3, 2013):<\/p>\n

<\/p>\n

In this case, the trial court found, inter alia, the following: Defendant pulled up to a checkpoint. A police officer noticed the odor of alcohol. Defendant admitted to drinking five beers. The officer administered field sobriety tests, and Defendant’s performance in the tests signified impairment. Defendant was then taken to the BAT Mobile; however, Defendant refused the intoxilyzer test. The officer then took Defendant directly to Mercy Hospital to have a blood sample taken without first obtaining a warrant from a magistrate at the jail’s Intake Center. The officer made this decision to go directly to the hospital because he knew that over time the amount of alcohol in blood dissipates; he knew from his years of experience that Mercy Hospital was ten to fifteen minutes away and that its patient load on Saturday mornings was typically fairly light; he surmised from his past experience that getting a blood draw at Mercy Hospital would take approximately forty- five minutes to one hour; he surmised from his past experience that, on a weekend night, it would take between four and five hours to obtain a blood sample if he first had to travel to the Intake Center at the jail to obtain a search warrant.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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