Defense Strategies and Continuous Alcohol Monitoring in North Carolina DWI Cases

Defenses to alcohol testing device results may include:

• Failure to Follow Proper Procedures: The North Carolina Administrative Code and General Statutes establish guidelines for the calibration, maintenance, and operation of alcohol testing devices governing chemical analysis and admissibility as evidence. Failure to follow these procedures can make test results inadmissible.
• Improper Maintenance or Calibration: If the alcohol testing device was not properly maintained or calibrated as required by law, its accuracy might be questioned in appropriate circumstances.
• Permit Issues: The individual administering the test must have a valid permit from the Department of Health and Human Services for the specific type of device used.
• External Factors: While these are relatively uncommon, there are a some, limited instances where external factors may impact test results:
  • Ambient Alcohol Detection: Alcohol present in the environment could potentially influence the device.
  • Residual Mouth Alcohol: If alcohol remains in the mouth from recent consumption or belching, it could adversely affect test results.
  • Medical Conditions: Certain medical conditions, such as GERD (Gastroesophageal Reflux Disease), may affect the accuracy of the test results in rare instances.

While external factors can be a defense, they are somewhat infrequent and typically require expert testimony to support. If you believe that alcohol testing errors or factors like these may have impacted your case, the team at Powers Law Firm would like to help. Call or text 704-342-4357 or email Bill@CarolinaAttorneys.com for a confidential consultation.

CAM (Continuous Alcohol Monitoring) devices, such as SCRAM bracelets, monitor alcohol levels through the skin using transdermal detection. These devices may be used as a condition of pretrial release or post-conviction in DWI cases, particularly for those charged with more serious offenses. CAM devices can play a significant role in limiting the amount of active jail time for Level 1 and Level 2 DWI offenders, especially when used as a part of a special term or condition of probation. For Level A1 (Aggravated Level 1, the most severe level for misdemeanor DUI sentencing purposes), SCRAM monitoring is requiredas a condition of post release supervision. In repeat offenders, these devices can help provide continuous monitoring to prove abstinence and compliance with sobriety requirements.

It’s important to note that while SCRAM and similar devices can reduce jail time in certain circumstances, they are not a “get out of jail free” card and must be used in accordance with North Carolina's DWI sentencing guidelines. These devices are one tool in a broader legal strategy, and their effectiveness can vary depending on the specific circumstances of the case. For more details about how SCRAM devices can impact your case, contact Powers Law Firm at 704-342-4357 or email Bill@CarolinaAttorneys.com.

Drivers convicted of DWI with a BAC of 0.15 or higher may be required to install an IID as a condition of license restoration or issuance of an Ignition Interlock Limited Driving Privilege. The device must be installed by an approved vendor, and any violations during its use could result in further legal consequences.

Yes, if the defense can show that:

• The testing procedure did not comply with statutory or North Carolina Administrative Code requirements.
• The device was improperly maintained or calibrated.
• The operator lacked a proper permit to operate the approved device at the time of the test.

The protocols regarding the admissibility of breath testing evidence in North Carolina are notoriously complex and complicated and may be subject to timely filing an appropriate Motion to Suppress and District Court procedures and/or Motion to Dismiss. Have questions? Call or TEXT Bill Powers at the Powers Law Firm 704-342-4357 to schedule a consultation. You may also email Bill@CarolinaAttorneys.com

• Ignition Interlock Devices in North Carolina