What is the procedural statute?

What is the procedural statute?

• A. G.S. 20-139.1
• B. G.S. 20-16.2(a)
• C. G.S. 20-139.2
• D. G.S. 20-138.1

Answer: (A)

The main idea is recognizing which statute governs the process for obtaining and handling the chemical analysis in DWI cases. G.S. 20-139.1 is the procedural statute because it lays out the steps officers must follow to perform the chemical analysis, ensure the test is administered correctly, and preserve the results so they’re admissible in court. It covers how the test is requested, carried out, and documented, including how the integrity of the test is maintained from collection to recording. The other statutes relate to different aspects—such as rights to refuse or definitions—not the step-by-step procedure for conducting and handling the test. That focus on the procedural flow of testing is what makes this statute the correct choice.

The main idea is recognizing which statute governs the process for obtaining and handling the chemical analysis in DWI cases. G.S. 20-139.1 is the procedural statute because it lays out the steps officers must follow to perform the chemical analysis, ensure the test is administered correctly, and preserve the results so they’re admissible in court. It covers how the test is requested, carried out, and documented, including how the integrity of the test is maintained from collection to recording. The other statutes relate to different aspects—such as rights to refuse or definitions—not the step-by-step procedure for conducting and handling the test. That focus on the procedural flow of testing is what makes this statute the correct choice.