New DWI laws go into effect October 1st.
The most important is “S.L. 2016-10 (H 357): Amendments to procedures governing admissibility of written chemical analysis results in DWI cases.”
It contains two parts, the prosecution responsibilities and the defense responsibilities.
The new law concerns the “notice and demand” statutes regarding the admissibility of chemical analyses in DWI cases.
The State is required, beginning October 1st, to provide the SBI or private lab analysis of blood or urine to the defendant no later than 15 business days after receiving the report. The State must also provide the chain of custody statement to the defendant within 15 business days of receiving it in order to avail themselves of G.S. 20-139.1(c3)(3) and G.S. 20-139.1(e2). This will affect the State’s potential use of the chemical analysts affidavit.
if you have been charged with a DWI, had blood taken, or refused the State’s DWI testing procedures, contact the 10.0 DWI attorneys at Garrett, Walker, Aycoth and Olson. We are here to help!