G.S. 20-141.4 sets forth six offenses based upon the unlawful killing or injuring of another during the commission of a motor vehicle offense. All but one of these death or injury by vehicle offenses are felonies and are predicated upon causing death or injury while driving while impaired in violation of G.S. 20-138.1 or 20-138.2. The offenses for which impaired driving is an element are, of course, implied consent offenses. See G.S. 20-16.2 (defining implied consent offense as “an offense involving impaired driving or an alcohol-related offense made subject to the procedures of this section.”) This means that a person arrested for or charged with such an offense may be required to submit to a chemical analysis of his or her breath, blood, or urine. G.S. 20-16.2. In these cases, as with any implied-consent offense, law enforcement officers have discretion regarding whether to administer a chemical analysis. G.S. 20-16.2(a). A law enforcement officer or chemical analyst also decides what type of test or tests are to be given. G.S. 20-16.2(c). There is no statutory requirement that a breath test be requested before a person is requested to submit to a test of his or her blood or urine, see G.S. 20-139.1(b5), though the denial of a person’s reasonable request for a different test may raise constitutional concerns. See Schmerber v. California, 384 U.S. 757, 760 n.4 (rejecting defendant’s argument that withdrawal of blood for testing violates due process and noting that “[i]t would be a different case if the police . [...]
Faculty Coordinators
