by Josh Stringer

Created on: August 08, 2009   Last Updated: August 10, 2009

Blood testing in general - not just North Carolina - is looked at by the average person as, "Hey, it's a law, there's nothing I can do." Now, that statement is only true to a certain extent. Blood testing is one of the few that you can get out of more then the others, for it involves a needle being poked in your arm. There are many defenses one can say to get out of this test, but for the first bit let's talk about the law.

According to North Carolina General Statute 20-16.2, anyone that is pulled under suspicion of driving while intoxicated must submit to the chemical analysis of that officers choice, whether it be blood test, breathalyzer or urine. You may refuse to consent, but will lose your driving privileges and the refusal will be submitted as evidence into trial This law is a flawed law, which violates many constitutional and legal rights, rights to privacy, habeas corpus, rights against self incrimination, religious beliefs and other similar amendments. Their are many phrases you may use to sneak out of a ticket, or jail time, yet drunk driving is no joke. Just because you may say a few clever phrases and walk free, it is still wrong and you could end up killing yourself or others.

Back to the law, let me break it down and translate. It's saying if you drive drunk you are forced to take a test and if you don't it's evidence against you. Don't just accept this law and conform, it violates your rights. Let me explain further:

You may plead the fifth, saying that you do not accept or decline the test because you think it may incriminate you. Therefore, by law, the jury must not take that into account. Also, implied consent has not weight here. Implied consent is walking into a doctors office looking for treatment for your sore throat or for a exam, not being taken against your will and strapped to a chair while they assault you. Yes, it is assault when they force a needle in your arm and they are liable for charges. You may also say you have a real fear of needles. Sounds childish, yes, but it makes a case telling a reason other then you don't want to get caught . Religious reasons as well, such as Muslims and Jehovah's Witnesses, and Christianity (If you state the verse my body is my temple and I must keep it pure), along with other religions. In order for this to work you must convince them you are a firm believer in the faith you stated.

The more distant ones that will work if combined, (don't over do it by saying you plead the fifth and your afraid of needles and religion, you want to use some, but not much,) are habeas corpus, which is saying, "it's my body," along with saying it is not allowed in court for it is self-incrimination, which is protected by the Constitution. All in all, North Carolina will have no legal bounds to blood test you against your will, or religion. Their defense will be it is probable cause and implied consent, which is nothing compared to the case you can put together.

I hope this was informative and further helped you on your own interpretation of the law.

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