If you’ve been charged with impaired driving in North Carolina, understanding alcohol testing devices can help you navigate your situation. From roadside screenings to evidentiary breath tests, these devices are commonly used by law enforcement in cases involving driving while impaired. Each has specific procedures, limitations, and legal considerations. That’s one reason we it’s a good idea to consult with an experienced attorney if you face DUI charges.
What Is the Difference Between Portable Breath Tests (PBTs) and Evidentiary Breath Testing (EBT) Devices in North Carolina?Roadside PBTs, like the AlcoSensor FST, are used to help establish probable cause for arrest but are generally not admissible in court to prove impairment by numerical reading or value. Evidentiary Breath Tests, such as those conducted on the Intoximeter EC/IR II, provide results that can be introduced as evidence in court. The key distinction lies in the admissibility and purpose of the test.
Can the Results of a Roadside Breath Test (PBT) Be Used Against Me in Court?No, PBT results cannot be used to prove a driver's BAC in court. However, they can support an officer’s decision to make an arrest based on probable cause. Challenges to the officer's interpretation of PBT results and proper calibration of the device, together with standardized field sobriety tests, and other possible indicators of impairment, can in some circumstances form part of a defense strategy. Clearly, each case is different. Consult with legal counsel regarding the specifics of your case. Check out the North Carolina DWI Quick Reference Guide.
How Does the Intoximeter EC/IR II Work, and Why Is It Used in North Carolina?This Intoximeter EC/iIR measures BAC through a combination of electrochemical fuel cell technology “EC” and infrared spectroscopy “IR.” It is an approved device by the North Carolina Forensic Tests for Alcohol Branch of the North Carolina Department of Health and Human Services - Division of Public Health and must be calibrated and operated according to the North Carolina Administrative Code and N.C.G.S. 20-139.1 to be admissible as evidence in court.
Protect Your Rights With an Experienced DWI Attorney Alcohol testing devices often play an essential role in DWI cases, but they are not infallible. From calibration issues to procedural errors, there are different factors that can affect the accuracy of test results. If you're facing DWI charges in North Carolina, it’s important to work with an attorney with substantial experience carefully reviewing, and in appropriate circumstances, challenging alcohol testing results.
At the Powers Law Firm, we advocate for our clients’ best interests, helping them navigate complex legal and factual issues throughout the court process. TEXT or call us at 704-342-4357 to schedule a consultation and determine whether our DUI defense lawyers are available for legal representation. We love helping people!
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