Carolina Criminal & DUI Lawyer Blog

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Understanding Field Sobriety Tests in North Carolina: The Role of HGN, Walk-and-Turn, and One-Leg Stand

When a law enforcement officer in North Carolina suspects impaired driving, they may conduct Standarized Field Sobriety Tests (SFSTs) to gauge whether enough evidence exists for an arrest or further chemical testing. Roadside dexterity tests—commonly the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test—remain a…

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North Carolina DWI Implied Consent: Roadside Breath Tests vs. Official Blood or Breath Testing

North Carolina drivers who are suspected of impaired driving may undergo two main types of breath or alcohol tests: a preliminary screening at the roadside and an evidentiary test under the state’s implied consent laws. These procedures are guided by statutes like G.S. 20-16.2, which defines the expectations placed on…

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North Carolina Checking Stations and Roadblocks: How DUI Checkpoints Operate Under G.S. 20-16.3A

DUI checkpoints ordinarily involve standardized patterns for stopping vehicles, as well as the use of portable breath tests (PBTs) and SFSTs – Standardized Field Sobriety Tests to assess possible alcohol consumption and appreciable impairment. North Carolina law allows law enforcement agencies to set up checking stations and roadblocks pursuant to…

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PBT Portable Breath Test Calibration in North Carolina

North Carolina regulates portable breath tests (PBTs), sometimes referred to as the “breathalyzer,” through specific administrative rules and statutory provisions. Law enforcement officers regularly rely on alcohol screening devices to assess whether a driver has consumed alcohol and may be part of the “arrest decision” related to probable cause. To…

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Breath Alcohol Content Screening: BAC in North Carolina

North Carolina regulates alcohol screening under a set of rules involving technical standards, operational procedures, and legal provisions that govern how breath tests are administered and how results may be used in criminal proceedings. Officers rely on portable breath alcohol content screening devices (sometimes referred to as a “PBT” or…

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Hemolysis, BAC Testing, and Criminal Charges in North Carolina

Hemolysis involves the rupture of red blood cells in a blood sample. In the context of criminal charges, this can affect how accurately labs measure blood alcohol concentration (BAC). Mechanical factors like needle gauge selection, centrifugation practices, storage conditions, or simple delays can lead to hemolysis. The result may be…

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Understanding Postmortem BAC – Blood Alcohol Concentration in North Carolina Criminal Defense

This article discusses how alcohol normally travels through your body when you’re alive, how that changes once life ends, and why postmortem shifts can influence criminal defense in North Carolina. We will also explore the potential legal implications of an inaccurate or misleading BAC when the decedent—who, in criminal cases,…

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North Carolina Felony Murder Rule

In North Carolina, if someone is killed during the commission or attempted commission of certain felonies involving a deadly weapon, the offense may be charged as first-degree murder under what is commonly called the “felony murder rule.” Under this doctrine, a homicide arising from the perpetration or attempted perpetration of…

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Understanding Social Media Evidence and Admissibility in North Carolina: Insights from State v. Davenport

Using social media as evidence in criminal courtrooms in Charlotte and throughout North Carolina has become an everyday reality. Facebook messages, Instagram chats, and other online communications can strengthen or undercut a case when introduced at trial. Yet questions of authenticity—Is the social media content and the source of those…

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Understanding Pretrial Release and Judicial Discretion: A Response to the Cornelius Police Department’s Statement

Recent news out of Cornelius, North Carolina, will undoubtedly spark public discourse around defendants’ rights, law enforcement’s role, and the judicial process governing pretrial release. Specifically, an 18-year-old suspect charged with serious child sex offenses was released to the custody of his parents pending further legal proceedings. In response, the…

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