DWI statute · North Carolina General Statutes, Chapter 20

G.S. 20-38.3. Police processing duties

The full text of G.S. 20-38.3 (Police processing duties), 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. 20-38.3 lists what an officer does after arresting someone for an implied-consent offense such as DWI. Two duties are mandatory: the officer shall tell the person the charges or the reason for the arrest, and shall bring the person before a judicial official (usually a magistrate) for an initial appearance once testing, crash reports, and other investigative steps are finished. In between, the officer may take the person anywhere in North Carolina for chemical analysis or an impairment evaluation, take the person elsewhere for identification, a crash report, or another lawful purpose, and take photographs and fingerprints under G.S. 15A-502. The steps do not have to happen in the listed order. The section was enacted in 2006 (S.L. 2006-253), and its history line shows no later amendments.

What it means in a DWI case

It is the authority for moving an arrested driver from the roadside to the station, jail, or hospital for a breath or blood test, and for an evaluation by an officer, medical professional, or other person (for example, a drug recognition evaluation).
The initial appearance comes after the investigative steps, so the time of each step matters. The section sets no time limit of its own, but G.S. 15A-501 still requires an appearance without unnecessary delay.
What happens at that appearance (findings, release conditions, and notice about witnesses and an additional test) is governed by G.S. 20-38.4.

Watch for

Timeline gaps. Compare dispatch logs, test tickets, hospital records, and the magistrate’s paperwork for long, unexplained delays after testing ended.
Whether the person was actually told the charge or the reason for arrest.
Hospital or evaluation trips: who requested the analysis, where and when it happened, and how any blood sample was obtained (see G.S. 20-16.2 and G.S. 20-139.1).
Delay or detention that kept family, friends, or an independent tester away. Dismissal is possible only when the defense shows real prejudice.

Key cases

We have not confirmed an appellate decision that turns on G.S. 20-38.3 itself. These cases govern the post-arrest stage that subdivision (5) leads into:

State v. Knoll, 322 N.C. 535 (1988): DWI dismissals were upheld because the magistrate’s failure to follow the law on the defendants’ rights and pretrial release prejudiced them; the defendant must show prejudice.
State v. Hill, 277 N.C. 547 (1971): the prosecution had to be dismissed where the jailer kept the defendant’s lawyer from seeing him during the time-sensitive window when his condition could have been observed.
State v. Labinski, 188 N.C. App. 120 (2008): although the magistrate substantially violated the defendant’s pretrial-release rights, dismissal was not required because the defendant did not show irreparable prejudice to the defense.

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

§ 20-38.3. Police processing duties.

Upon the arrest of a person, with or without a warrant, but not necessarily in the order listed, a law enforcement officer:

(1) Shall inform the person arrested of the charges or a cause for the arrest.

(2) May take the person arrested to any place within the State for one or more chemical analyses at the request of any law enforcement officer and for any evaluation by a law enforcement officer, medical professional, or other person to determine the extent or cause of the person’s impairment.

(3) May take the person arrested to some other place within the State for the purpose of having the person identified, to complete a crash report, or for any other lawful purpose.

(4) May take photographs and fingerprints in accordance with G.S. 15A-502.

(5) Shall take the person arrested before a judicial official for an initial appearance after completion of all investigatory procedures, crash reports, chemical analyses, and other procedures provided for in this section. (2006-253, s. 5.)

Official text of N.C. Gen. Stat. § 20-38.3 as published by the North Carolina General Assembly (Chapter 20 PDF, retrieved November 10, 2026). Verify the current version on ncleg.gov ↗.

G.S. 20-38.3. Police processing duties

§ 20-38.3. Police processing duties.

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