A New Hanover County, North Carolina woman has been charged with driving while intoxicated (DWI) after she hit another vehicle while 
making an “unsafe movement,” according to the police report. The woman was transported to the hospital where she was treated for injuries sustained as a result of the collision.
Thereafter, the police administered a breath-test and took a blood sample to attempt to detect a presence of alcohol in her system. The woman was also subjected to a field sobriety test. Her breath-test registered negative; however, the blood-test will not be available until the crime-lab returns the results. This may take as long as a year, and further, the blood-test from the hospital will be inadmissible a trial due to the requirement that the test be performed by the crime-lab.
The delay in the crime-lab report is due to the fact that understaffing and other facts has led to a back-log. The woman above was suspected to have failed the field-sobriety test, and was charged with DWI nonetheless. This case has not been brought before court at this point, and new North Carolina legislation may allow the hospital report to be admissible.
