North Carolina  |  DUI Law

Legal Question

Asked on: 11/03/11, 8:09 am

must my miranda rights be read to me if i receive a dwi charge, although not taken into custody? rather, i was taken to the hospital due to automobile accident (and subsequent dwi), where blood was drawn to determine blood alcohol count. also, protocol states that the chemical analyst who took my blood must be sworn/affirmed by magistrate or notary, and inform me orally AND in writing of the rights specified in G.S. 20-16(a). No such form was ever provided to me, nor was it attached to the form as stated. the hospital indicated they do not have a magistrate, and i do not believe one was called period, despite the non-legible scribble scrabble on the form stating one was. what can i do, as i attempt to challenge the integrity of the blood alcohol count in terms of protocol in a court and before a jury?

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