State v. Stauffer

G.S. 20-139.1 (a) provides that in any criminal action arising out of acts alleged to have been committed by any person while driving a vehicle under the influence of intoxicating liquor, the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s breath, shall be admissible in evidence. However, paragraph (b) of this section states expressly, “[I]n no case shall the arresting officer or officers administer such test.”

The purpose of this limitation in the statute is to assure that the test will be fairly and impartially made. An officer, who…