This is Part 12 of our weekly North Carolina Criminal Defense video blog: “Wake County DWI Attorney – Can You Choose Which Test to Take for DWI?“
You don’t have a choice. The officer has the opportunity under our law to make the decision about whether it will be a breath test or a blood test. Typically, it’s a breath test if they believe the impairing substance is alcohol.
If it’s a drug impairment case, which we’re seeing more and more, whether it is prescription drugs, or marijuana, or any other controlled substance, then that officer’s going to seek a blood test.