DUI checkpoints in North Carolina remain constitutional under a January 2026 Court of Appeals decision that clarifies how police must conduct sobriety checkpoints and license checkpoints. In North Carolina vs White (“State v. White”) the North Carolina Court of Appeals affirmed that a DWI checkpoint in Robeson County complied with both…
North Carolina law permits courts, in defined circumstances, to authorize limited driving during certain pretrial license revocations arising from impaired driving charges. That authority exists within the civil revocation framework and is governed by statute, not by the outcome of the criminal case. Whether a pretrial limited privilege is available…
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 certain number, a conviction is inevitable. It is not the language of the statute. It is not the language used to…
Drug-based DWI prosecutions in North Carolina operate under an evidentiary framework that differs substantially from alcohol enforcement. In DUI cases involving drugs (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…
Blood testing is often viewed as the most dependable way to measure alcohol concentration in a North Carolina DWI case. The science 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…
This post continues the Breath, Blood, and Bull series, an in-depth look at how science, procedure, and perception collide in the prosecution and defense of DWI cases in North Carolina. The first installment examined the limits of chemical testing. The second article turned to the machines that interpret alcohol breath…
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…
TL;DR Quick Take: The legacy of North Carolina v. Rogers reaches beyond suppression hearings. It redefines how courts balance government trust against the structural necessity of constitutional discipline. Whether this evolution strengthens justice or weakens liberty depends on how future courts interpret the limits of “reasonableness” in applying the Good…
For more than three decades, I have worked in North Carolina courtrooms handling DUI cases where law, science, and technology collide. Few areas highlight that collision more than impaired driving prosecutions involving fatalities and serious injuries. When an officer testifies about roadside tests or a LCA – Licensed Chemical Analyst…
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…