DWI statute · North Carolina General Statutes, Chapter 20

The full text of G.S. 20-38.2 (Investigation), with plain-English commentary from North Carolina DWI defense attorneys Chris Adkins and Chris Purkey in the side column. Article 2D: Implied-Consent Offense Procedures.

Attorney commentary

G.S. 20-38.2 is about where an officer can go. It covers an officer who is investigating an implied-consent offense (such as DWI) or a vehicle crash that happened inside that officer’s own territorial jurisdiction. That officer may investigate and look for evidence of the driver’s impairment anywhere, in North Carolina or in another state, and may make an arrest anywhere in North Carolina. In short, the officer can follow the case past the town or county line. The section has not changed since it was enacted in 2006 (S.L. 2006-253, s. 5).

What it means in a DWI case

Hospital follow-ups. After a crash in town, the driver is often taken to a hospital in another city or county. This section lets the investigating officer go there to observe the driver, gather evidence, and arrest if probable cause exists.
Drivers who leave the scene. If a driver leaves and goes home outside the officer’s usual jurisdiction, the officer can follow up there.
Arrest authority stops at the state line. The statute allows arrests “at any place within the State.” Out of state, it speaks only to investigating and seeking evidence. What an officer may do in another state can also depend on that state’s law.
It works with the processing rules. Once an arrest is made, the duties in G.S. 20-38.3 apply. Any chemical analysis still has to follow the implied-consent procedures in G.S. 20-16.2.

Watch for

Where the driving or crash happened. The section only applies when the offense or crash occurred in the officer’s territorial jurisdiction. Check the reports for the exact location and which agency responded. If the event happened outside that jurisdiction, this section does not supply the authority, and the State would have to rely on some other law.
What kind of case it is. The section covers implied-consent offenses (defined in G.S. 20-4.01) and vehicle crashes. Compare the charge, for example G.S. 20-138.1, against that scope.
Arrests made outside North Carolina. This section gives no arrest power outside the state, so an out-of-state arrest needs a different legal basis.
Time and distance. The statute lets officers travel, but it does not make evidence gathered later and somewhere else more reliable. A long gap between the driving and the officer’s observations or a blood draw is still worth looking at closely.

Commentary by Attorney Chris Adkins & Attorney Chris Purkey, Adkins & Purkey, PLLC · Reviewed November 2026 · General information, not legal advice.

§ 20-38.2. Investigation.

A law enforcement officer who is investigating an implied-consent offense or a vehicle crash that occurred in the officer’s territorial jurisdiction is authorized to investigate and seek evidence of the driver’s impairment anywhere in-state or out-of-state, and to make arrests at any place within the State. (2006-253, s. 5.)

Official text of N.C. Gen. Stat. § 20-38.2 as published by the North Carolina General Assembly (Chapter 20 PDF, retrieved November 10, 2026). Verify the current version on ncleg.gov ↗.

§ 20-38.2. Investigation.

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