State v. Perry, ___ N.C. App. ____, 802 S.E.2d 566 (Jun. 20, 2017)

Counsel was not ineffective by failing to allege a Fourth Amendment violation in a motion to suppress a warrantless blood draw. Here, no prejudice occurred under the Strickland test because there was sufficient evidence for a conviction based driving while under the influence of an impairing substance prong of DWI such that BAC evidence for the .08 prong was not required.