Police and prosecutors in North Carolina regularly use breath or blood test results taken after someone has been driving to prove impairment. Questions can arise about the accuracy of the reported BAC if testing was delayed. Retrograde extrapolation attempts to estimate prior blood alcohol concentration by “back tracking,” using a…
The human body functions as a complex processing system, breaking down what we consume through a series of chemical reactions. Alcohol moves through this system in phases, from the first drink through the next morning. The effects of hangovers extend beyond the social hours of the night before, through sunrise,…
If you’re facing a DWI charge in North Carolina, you may have heard about DUI assessments. These evaluations play an important role in the legal process and can positively impact the outcome of your case. That’s because DUI assessment is considered a statutory mitigating factor in North Carolina, which means…
In the realm of criminal law, few constitutional protections are as fundamental as those provided by the Fourth Amendment. These rights, which safeguard people against unreasonable searches and seizures, are continuously interpreted and refined through court decisions. A recent North Carolina Court of Appeals case, State v. Warren Douglas Jackson,…
The United States Supreme Court recently addressed the question of whether the Confrontation Clause of the Sixth Amendment is violated when a substitute analyst provides expert witness testimony about the results of forensic testing performed by a non-testifying analyst. The Court held that when an expert, in this instance a…
In the realm of DUI law enforcement and prosecution, few studies have wielded as much influence as the 1998 San Diego Study and the resulting sobriety test data. This research, which aimed to validate the accuracy of Standardized Field Sobriety Tests (SFSTs) at blood alcohol concentrations (BACs) of 0.08% and…
The San Diego Study, conducted in 1998, stands as a cornerstone in the evaluation and validation of Standardized Field Sobriety Tests (SFSTs) for detecting drivers with blood alcohol concentrations (BAC) at or above 0.08 grams per deciliter. As we delve deeper into this influential research, we move beyond the foundational…
In the realm of DUI law enforcement and prosecution, few tools have garnered as much attention and controversy as Standardized Field Sobriety Tests (SFSTs). These tests, designed to help law enforcement officers assess a driver’s level of impairment, have become a cornerstone of DUI investigations across the United States. However,…
“Just take Uber” – It‘s a phrase echoed across Charlotte’s vibrant nightlife scene, from Uptown bars to NoDa breweries. On the surface, it seems like a simple, foolproof solution to prevent driving under the influence (DUI). But as the Charlotte metro area rapidly expands towards 3 million residents, stretching from…
Revisions to N.C.G.S. § 20-179.3 represent a significant update to North Carolina’s Limited Driving Privilege laws, with potentially far-reaching implications. In this post, we’ll discuss eligibility for an Ignition Interlock Limited Driving Privilege for certain Level 2 offenders, reinstatement requirements involving expanded use of ignition interlock devices (IID), mandatory reporting…