Prosecutors and defense attorneys regularly rely on expert witnesses to explain evidence that benefits from specialized knowledge. That may involve reviewing things like breath and blood testing procedures, DUI retrograde extrapolation, accident reconstruction, and medical conditions that could affect impairment assessments. This article examines the different types of experts used…
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…
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…
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…
Is Breathalyzer on the side of the road reliable?? What kind of devices are out there? What is the accuracy of the handheld breath test? Is there a way to challenge the test? Are handheld tests admissible as evidence? Is the AlcoSensor reliable? 1710F Handheld breath testing devices…
How Do They Test for Alcohol? How does a fuel cell work? What do they test for? What are some of the approve alcohol testing devices in North Carolina? What is Continuous Alcohol Monitoring? What is SCRAM? What is the alcohol ankle bracelet? If you’re looking for a North…
Are DWI Breath Tests Ever Wrong? One of the best parts of my job is teaching Continuing Legal Education. Teaching is a great way to learn. Frankly, standing in front of a group of lawyers, prosecutors, judges or law enforcement can be more than a bit harrowing. Consider the fact…
