State v. Burris, ___ N.C. App. ___, 799 S.E.2d 452 (May. 16, 2017)

In this impaired driving case the trial court properly denied the defendant’s motion to suppress where exigent circumstances supported a warrantless blood draw. The defendant tested at .10 on a roadside test, was arrested at 2:48 AM and then was transported to the police department, where he arrived 18 minutes later. When the defendant refused to comply with further testing within 2 to 3 minutes after arriving at the police department, the detective decided to compel a blood test. The closest hospital was approximately 4 miles away from the police department and 8 miles from the magistrate’s office. The detective read the defendant his rights regarding the blood draw at the hospital at 3:24 AM and waited for the defendant to finish making a phone call before starting the blood draw at 3:55 AM. The detective testified that based on the information he had at the time, he thought the defendant was close to a blood alcohol level of .08. The detective further indicated that he thought it would have taken an additional hour to an hour and half to get a search warrant. The detective was the only officer on the scene and would have had to wait for another officer to arrive before he could travel to the magistrate to get the search warrant. The trial court’s finding regarding the detective’s reasonable belief that the delay would result in the dissipation of alcohol in the defendant’s blood was supported by competent evidence. Thus, the trial court did not err in denying the defendant’s motion to suppress the blood draw.

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