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I’ve been thinking about Governor Jim Hunt since learning of his passing, and it pulled me back to a time in my life I had not revisitedGOVERNOR JIM HUNT NORTH CAROLINA in years.

It feels like a long time ago now. I was a student at NC State, somewhere around 1986 or 1987. I had recently changed majors, moving away from a science-heavy course load into something more liberal-arts centered.

As part of that shift, I was informed I needed an internship. The whole idea felt foreign to me. I was used to labs, lab reports, and exams that tested concrete knowledge. This was different, and at the time I remember thinking it was silly, maybe a bit touchy-feely.  Squishy, if you will.

Claims that ketogenic diets can routinely cause false DUI readings have become staples of internet legal forums, social media explainers, and unsupervised biohacking communities lacking peer review or clinical validation, despite the absence of supporting forensic or toxicology data. The narrative usually follows a predictable formula. Ketosis produces acetone. Breath and blood devices confuse acetone for alcohol. Innocent drivers are misidentified as impaired.

The science behind that story is far more limited and problematic than some proponents acknowledge.

Understanding where ketogenic metabolism matters, and where it does not, involves separating three subjects that are often blended into one. Those are:

Search the phrase “per se DWI North Carolina,” and the results look deceptively confident. AI summaries and legal directories will tell you that if your blood test hits a The graphic reads PER SE DUI MYTH to signify the legal defense strategy of challenging the automatic assumption of guilt based on a chemical test alone in a North Carolina DWI case certain number, a conviction is inevitable.

It is not the language of the statute. It is not the language used to instruct juries. It is a mantra of sorts that has been repeated so often it now masquerades as doctrine.

North Carolina’s DWI statute does not use the phrase per se impairment for alcohol or marijuana, and North Carolina’s jury instructions do not tell juries that a specific number automatically requires a finding of guilt.  That phrase does not appear anywhere in N.C.G.S. 20-138.1.

Miranda rights in North Carolina give real effect to the Fifth Amendment privilege against compelled self-incrimination. Miranda becomes relevant the moment law Miranda Rights in North Carolina explained through Fifth Amendment custodial interrogation and police questioning principles enforcement transitions from general investigation to custodial interrogation, limiting what officers may ask before warnings (the advisement of legal rights) are given and what statements prosecutors may later use at trial.

The December 2025 decision of the North Carolina Court of Appeals in State v. Mitchell provides an illustration of how Miranda is applied in real-life, sometimes complicated scenarios.  Miranda disputes are resolved by analyzing custody and interrogation standards, not the outward circumstances of a search or arrest. It can be an opaque (at times) doctrinal line between permissible police questions and unconstitutional interrogation.

If you have questions about your Miranda rights in North Carolina or are uncertain whether law enforcement complied with Fifth Amendment protections, Bill Powers at the Powers Law Firm has more than thirty years of practical courtroom experience handling criminal charges in North Carolina. Bill Powers is a widely recognized defense attorney dedicated to legal education and advocacy. He is a former President of the North Carolina Advocates for Justice and a recipient of the North Carolina State Bar Distinguished Service Award. Call or text 704-342-4357 to schedule a confidential consultation.

In North Carolina impaired driving cases where retrograde extrapolation becomes relevant, chemical testing is often separated from the driving event by significant delay. Retrograde Extrapolation educational graphic explaining forensic BAC back-calculation used in North Carolina DWI cases, depicting law enforcement and courtroom evidence analysis. 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, medical transport, search warrant procedures, and hospital blood draws may delay specimen collection for three or more hours.

This timing gap can create an evidentiary question that prosecutors sometimes attempt to address using a technique known as retrograde extrapolation, a calculation intended to estimate a prior blood alcohol concentration based on a later chemical test.

Retrograde extrapolation relies not on statutory fiat but on biology. Whether it carries scientifically reliable, relevant evidentiary value in any individual case depends on the science of alcohol absorption, distribution, and elimination. Put simply, contrary to the assertions of some, it’s neither clear-cut nor fait accompli.

Drug-based DWI prosecutions in North Carolina operate under an evidentiary framework that differs substantially from alcohol enforcement. In DUI cases involving drugsDrug DWI in North Carolina graphic showing police officer beside law books, courtroom scales, and gavel representing drugged driving charges (sometimes called DUID – driving under the influence of drugs) or “drugged driving” by the general public, the forensic analysis and legal issues tend to be significantly more complex.  

Unlike alcohol, for which decades of research have provided relatively clear thresholds (like 0.08 BAC) and relatively well-understood pharmacology, psychoactive drugs present a diverse and evolving challenge. 

Alcohol impairment is supported by decades of controlled laboratory research, standardized psychomotor testing models, and population-level epidemiology that correlate rising blood alcohol concentrations with relatively predictable losses of cognitive and motor functioning at certain BAC levels.

A Criminal Defense Deep Dive by Bill Powers, Board Certified Criminal Law Specialist (NBTA/NBLSC), Powers Law Firm, P.A. (Charlotte, NC)

As a criminal defense attorney in North Carolina, I am asked to explain the legal difference between planning a crime and attempting Police officer standing beside legal books and scales of justice with text reading attempt to commit a crime, North Carolina criminal law rights graphic. a crime. If you or a loved one face charges related to Criminal Attempt in NC, understanding this distinction can be fundamental to formulating an effective defense strategy. The difference is not merely academic. It is the line that separates a “thought crime” from a felony conviction. This distinction rests primarily on two fundamental concepts. those being the required intent and the overt act.

A recent opinion from the North Carolina Court of Appeals, State v. Vaughn, COA24-1089, provides an example of why a trial court’s failure to properly instruct a jury on these concepts may constitute reversible, prejudicial error. The case serves as a reminder that when the State seeks to convict a person of an attempt to commit a crime, the prosecution must prove a mental state more demanding than that required for the completed underlying offense.

Blood testing is often viewed as the most dependable way to measure alcohol concentration in a North Carolina DWI case. The scienceDWI blood testing illustration with a Charlotte police officer, North Carolina map, legal books, scales of justice, and paperwork emphasizing rights in a North Carolina DWI case behind BAC tests is powerful, but it is also technical, layered with protocols, human decision points, and laboratory processes that must be followed with precision. When a “drunk driving” case shifts from the roadside to the laboratory, the entire conversation changes. You move from dexterity exercises to molecular chemistry, and from visible performance to physics, gas chromatography and mass spectroscopy, both topics that an average juror would never see unless brought to life at trial by defense counsel.

DWI defense lawyer Bill Powers has spent more than thirty years watching how blood testing evidence develops in courtrooms across Mecklenburg County and throughout North Carolina. During that time, he has cross examined toxicologists, reviewed extensive laboratory documentation, and taught officers and lawyers about breath and blood science, standardized field sobriety tests, and trial strategies and protocols. His experience includes the practical knowledge of how jurors interpret toxicology evidence and how those interpretations can shift once they hear how the underlying science actually works.

If you are dealing with a DWI charge that involves blood testing, or if you are a lawyer looking to sharpen your trial approach to forensic toxicology, please contact the DWI defense lawyers at Powers Law Firm in Charlotte. Call or TEXT 704-342-4357 to discuss how careful preparation and scientific clarity can shape the outcome of a case.

There’s something about Thanksgiving that brings families together and sometimes tears them apart before the pumpkin pie hits the Thanksgiving arrests in Charlotte often involve assault allegations, no-contact rules, and police response. Learn how holiday cases move forward in court. table. As a Charlotte criminal defense attorney who has practiced in Mecklenburg County for more than 30 years, I can tell you this without hesitation the Wednesday before Thanksgiving through the Sunday after is one of the busiest stretches of the year for assault arrests. Add alcohol, old grievances, political arguments, and the pressure of hosting (or being hosted by) people you strategically avoid the other 51 weeks of the year, and you have a recipe for criminal charges.

This isn’t a joke. If you’re reading this, there’s a good chance you or someone you care about is facing assault charges stemming from a holiday gathering in Charlotte or Mecklenburg County. Let’s talk about what you’re dealing with, what the law says, and what happens next.

Why Does Thanksgiving Week Lead to So Many Assault Arrests in Charlotte?

QUICK ANSWER: In North Carolina, marijuana possession remains illegal under NCGS § 90-94, regardless of changing attitudes in other states. Charlotte courtrooms now explicitly ban marijuana odor with posted signs. While the smell itself isn’t a crime, appearing in court smelling like marijuana can damage your credibility, affect sentencing decisions, and signal disrespect to judges, potentially worsening case outcomes before you say a word.

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