DUI Category Archives — Carolina Criminal & DUI Lawyer Blog Published by Carolina Criminal Defense Lawyers

November 14, 2024

Understanding Retrograde Extrapolation in DUI Cases

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 combination of math and science.

Retrograde extrapolation rests on understanding the processes of how alcohol is absorbed and later eliminated by the human body – Bill Powers, DUI Defense Attorney in North Carolina

This post breaks down the basic science behind these calculations, examines how they work, and looks at what makes them both potentially reliable and questionable in different situations.

November 2, 2024

The Science of Hangovers: What Every North Carolina Driver Should Know

by Carolina Attorneys

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, and into what many call “the morning after.” Scientists call this process veisalgia. The rest of us know it as a hangover.

Nature sometimes teaches hard lessons. A hangover represents your body’s response to a blood alcohol concentration and metabolizing alcohol, creating chemical compounds that continue to affect physical functions sometimes hours after the last drink. This matters because the effects can impact more than comfort – they affect motor skills, reaction times, and decision-making abilities.

Understanding how blood alcohol content (BAC) changes over time matters. As DWI lawyers in North Carolina, we see cases where hangover symptoms mask underlying alcohol metabolism issues. Safe driving after drinking requires more than just waiting to feel better.

October 10, 2024

DUI Assessment in North Carolina: What You Need to Know

by Carolina Attorneys

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 it can potentially lead to a more favorable outcome in your case.

Moreover, completing an assessment is necessary for a pretrial limited driving privilege that, if you’re eligible, allows you to drive under certain conditions while your case is pending.

October 6, 2024

Understanding Fourth Amendment Rights in Traffic Stops

by Carolina Attorneys

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, offers valuable insights into how these protections apply in real-world scenarios.

October 2, 2024

Lab Reports, Expert Witness & Courtroom Testimony for Criminal Charges

by Carolina Attorneys

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 substitute analyst, presents the out-of-court statements of another analyst as the basis for their own expert opinion, the statements are being offered for their truth.

This implicates the Confrontation Clause because the defendant is not able to cross-examine the original analyst about the testing procedures and results.

September 12, 2024

Deconstructing Sobriety Test Data: Are DWI Tests Accurate?

by Carolina Attorneys

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 below, has shaped policies, informed court decisions, and influenced the training of law enforcement officers across the United States.

However, to truly understand the impact and implications of this study, we must look beyond the surface-level conclusions and delve into the statistical framework that underpins its findings.

September 7, 2024

Analyzing the San Diego Study of Sobriety Tests: SFSTs Accuracy and Legal Implications

by Carolina Attorneys

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 understanding of SFSTs and the study’s methodology to examine its findings, statistical analysis, and far-reaching implications for DUI enforcement and defense strategies.

The impact of the San Diego Study on law enforcement practices and legal proceedings cannot be overstated – Bill Powers, DWI Defense Lawyer

August 31, 2024

A Critical Analysis of Standardized Field Sobriety Tests in North Carolina DUI Cases

by Carolina Attorneys

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, their reliability and accuracy have long been the subject of debate among legal professionals, including judges, prosecutors, DUI defense lawyers, expert witnesses, and scientists.

August 11, 2024

Just Take Uber: Addressing DUI Realities in Charlotte’s Growing Metro Areas

by Carolina Attorneys

“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 bustling urban centers to sprawling suburban communities like Ballantyne, the reality of DUI prevention is far more nuanced than this common refrain suggests.

In this blog post, we’ll delve into the complexities of DUI charges in Charlotte and our growing region. We’ll explore how Charlotte’s and Mecklenburg County’s explosive growth is reshaping our transportation landscape, examine the urban-rural divide in ride-sharing availability, and discuss the challenges that arise during major events when “just take Uber” isn’t always as easy as it sounds.

People refer to the offense of impaired driving in North Carolina as both DUI and DWI, using those terms interchangeably. There is no practical distinction between the two. We understand what folks mean when they call seeking help – Bill Powers, Charlotte Lawyer

July 12, 2024

Big Changes to North Carolina’s DUI Limited Driving Privilege Laws: What You Need to Know

by Carolina Attorneys

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 back IID noncompliance to NC DMV, and related consequences for violations.

These changes appear to reflect a nuanced approach to addressing impaired driving, acknowledging the need for both rehabilitation and accountability for those convicted of DUI in NC.