§ 20-38.5. Facilities. - North Carolina Statutes

§ 20‑38.5.  Facilities.

(a)        The Chief DistrictCourt Judge, the Department of Health and Human Services, the districtattorney, and the sheriff shall:

(1)        Establish a writtenprocedure for attorneys and witnesses to have access to the chemical analysisroom.

(2)        Approve the locationof written notice of implied‑consent rights in the chemical analysis roomin accordance with G.S. 20‑16.2.

(3)        Approve a procedurefor access to a person arrested for an implied‑consent offense by familyand friends or a qualified person contacted by the arrested person to obtainblood or urine when the arrested person is held in custody and unable to obtainpretrial release from jail.

(b)        Signs shall beposted explaining to the public the procedure for obtaining access to the roomwhere the chemical analysis of the breath is administered and to any personarrested for an implied‑consent offense. The initial signs shall beprovided by the Department of Transportation, without costs. The signs shallthereafter be maintained by the county for all county buildings and the countycourthouse.

(c)        If the instrumentfor performing a chemical analysis of the breath is located in a State ormunicipal building, then the head of the highway patrol for the county, thechief of police for the city or that person's designee shall be substituted forthe sheriff when determining signs and access to the chemical analysis room.The signs shall be maintained by the owner of the building. When a breathtesting instrument is in a motor vehicle or at a temporary location, theDepartment of Health and Human Services shall alone perform the functionslisted in subdivisions (a)(1) and (a)(2) of this section. (2006‑253, s. 5.)