A BILL TO BE ENTITLED
AN ACT to require that law enforcement request a blood sample under the state implied‑consent laws from any person criminally charged in any case involving death by vehicle and certain other offenses and to seek a warrant if the driver refuses and there is probable cause to believe the offense involved impaired driving or is alcohol‑related.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑16.2(a1) reads as rewritten:
"(a1)	Meaning of Terms. – Under this section, an "implied‑consent offense" is an offense involving impaired driving, an alcohol-related offense, or charged as a violation of G.S. 20‑141.4(a2), and is subject to the procedures of this section. A person is "charged" with an offense if the person is arrested for it or if criminal process for the offense has been issued."
SECTION 2.  G.S. 20‑139.1(b5) reads as rewritten:
"(b5)	Subsequent Tests Allowed. – A person may be requested, pursuant to G.S. 20‑16.2, to submit to a chemical analysis of the person's blood or other bodily fluid or substance in addition to or in lieu of a chemical analysis of the breath, in the discretion of a law enforcement officer; except that a person charged with a violation of G.S. 20‑141.4 shall be requested to provide a blood sample in addition to or in lieu of a chemical analysis of the breath. However, if a breath sample shows an alcohol concentration of .08 or more, then requesting a blood sample shall be in the discretion of a law enforcement officer. If a subsequent chemical analysis is requested pursuant to this subsection, the person shall again be advised of the implied consent rights in accordance with G.S. 20‑16.2(a). A person's willful refusal to submit to a chemical analysis of the blood or other bodily fluid or substance is a willful refusal under G.S. 20‑16.2. If a person willfully refuses to provide a blood sample under this subsection, and the person is charged with a violation of G.S. 20‑141.4, then a law enforcement officer with probable cause to believe that the offense involved impaired driving or was alcohol‑related shall seek a warrant to obtain a blood sample. The failure to obtain a blood sample pursuant to this subsection shall not be grounds for the dismissal of a charge and is not assignable as error on appeal."
SECTION 3.  This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.