In North Carolina impaired driving cases where retrograde extrapolation becomes relevant, chemical testing is often separated from the driving event by significant delay. This is most commonly seen in serious vehicular prosecutions where impaired driving serves as a predicate offense, including collision investigations involving injury or death, where scene management,…
The Limits of Chemical Certainty: The Auto-Brewery Syndrome & DWI Charges Auto-Brewery Syndrome (ABS) remains a bit of a theoretical curiosity. It represents a measurable biochemical anomaly during which yeast or bacteria residing in the gastrointestinal tract convert carbohydrates into ethanol within the human body. Though somewhat rare, it is…
In North Carolina, some people refer to the Alco Sensor FST as the “breathalyzer” or “PBT” (portable breath test). It is is a handheld breath alcohol screening device used by law enforcement on scene to confirm the consumption of alcohol. If you’ve been charged with driving while impaired, it’s a…
What is Felony Death by Vehicle Under North Carolina Law? Felony Death by Vehicle, as outlined under N.C.G.S. § 20-141.4, occurs when someone unintentionally causes the death of another while operating a motor vehicle and simultaneously commits the offense of Driving While Impaired (DWI). In other words, Felony Death by…
DWI Checkpoints must be fairly and evenly enforced. Bill Powers See Related for Charlotte DWI DUI Checkpoints: NCGS 20-16.3 CHECKPOINTS Charlotte DWI DUI Checkpoints are authorized by the North Carolina General Assembly in N.C.G.S. § 20-16.3A. When considering the constitutionality of a checkpoint, a trial court must first “examine the available…