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…
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…
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…
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,…