State v. Fletcher, 202 N.C. App. 107 (Jan. 19, 2010)

G.S. 20-139.1(d1) (providing that in order to proceed with a non-consensual blood test without a warrant, there must be probable cause and the officer must have a reasonable belief that a delay in testing would result in dissipation of the person’s blood alcohol content), codifies exigent circumstances with respect to impaired driving and is constitutional. Competent evidence supported the trial court’s conclusions that the officer had a reasonable belief that a delay in testing would result in dissipation of the defendant’s blood alcohol content and that exigent circumstances existed; the facts showed, in part, that obtaining a warrant to procure the blood would have caused a two to three hour delay.