State v. Granger, 235 N.C. App. 157 (Jul. 15, 2014)

In this DWI case, the court held that under Missouri v. McNeely (the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant), exigent circumstances justified the warrantless blood draw. The officer was concerned about the dissipation of alcohol from the defendant’s blood because it took over an hour for the officer to establish probable cause to make his request for the defendant’s blood. The delay occurred because the defendant’s injuries and need for medical care prevented the officer from investigating the matter until he arrived at the hospital, where the defendant was taken after his accident. The officer was concerned about the delay in getting a warrant (about 40 minutes), including the need to wait for another officer to come to the hospital and stay with the defendant while he left to get the warrant. Additionally, the officer was concerned that if he waited for a warrant, the defendant would receive pain medication for his injuries, contaminating his blood sample.