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Articles Posted in DUI

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Intermittent Fasting and Drunk Driving Charges in North Carolina

Intermittent fasting has gained popularity for a range of personal and medical reasons, from weight management and metabolic health to religious observance and athletic discipline. While it may offer certain physiological benefits, fasting also triggers changes in the body’s metabolic pathways that may complicate the interpretation of forensic alcohol testing…

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Felony Death by Vehicle vs. Second-Degree Murder in North Carolina

When a fatal collision occurs on North Carolina’s roads, the legal system doesn’t apply a one-size-fits-all response. In cases involving loss of life, prosecutors may consider a range of charges depending on the circumstances. Two of the most serious offenses are Felony Death by Vehicle and Second-Degree Murder. While both…

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Evidentiary Breath Tests in North Carolina: Understanding the Intoximeter EC/IR II

North Carolina’s DWI enforcement relies heavily on evidentiary breath tests to determine whether a driver’s blood alcohol concentration (BAC) exceeds the legal limit. While officers may perform preliminary roadside screening with a handheld device, the real focal point often comes from the Intoximeter EC/IR II machine. This desktop breath-testing device…

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Understanding Field Sobriety Tests in North Carolina: The Role of HGN, Walk-and-Turn, and One-Leg Stand

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…

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North Carolina DWI Implied Consent: Roadside Breath Tests vs. Official Blood or Breath Testing

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…

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North Carolina Checking Stations and Roadblocks: How DUI Checkpoints Operate Under G.S. 20-16.3A

DUI checkpoints ordinarily involve standardized patterns for stopping vehicles, as well as the use of portable breath tests (PBTs) and SFSTs – Standardized Field Sobriety Tests to assess possible alcohol consumption and appreciable impairment. North Carolina law allows law enforcement agencies to set up checking stations and roadblocks pursuant to…

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PBT Portable Breath Test Calibration in North Carolina

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…

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Breath Alcohol Content Screening: BAC in North Carolina

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…

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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…

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

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,…

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