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Articles Posted in DWI

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North Carolina DWI Blood Testing and Forensic Toxicology

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…

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Breath, Blood, Bull: Challenging NC DWI SFSTs

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…

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Auto-Brewery Syndrome DWI North Carolina

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…

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The Future of the Exclusionary Rule in North Carolina

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…

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Breath, Blood, and Bull: Real Science from Junk in DUI Cases

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…

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Breathalyzer in North Carolina: AlcoSensor FST Explained

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…

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Stress, Cortisol, and North Carolina DWI Charges

Cortisol, often referred to as the primary stress hormone, is produced by your adrenal glands in response to stressful situations, including anxiety-provoking encounters such as traffic stops, arrests, and DWI charges. Cortisol plays an important role in regulating energy by promoting gluconeogenesis, the production of glucose from non-carbohydrate sources, and…

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Prescription Medication and North Carolina DUI

You may not expect prescription medication to expose you to DUI charges. Yet in North Carolina, impairment rather than the legality of the substance or intent to break the law triggers criminal charges. If a prescribed medication impairs your ability to drive, you can be prosecuted under state law. That…

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Can I get a continuance?

If you’re facing charges in North Carolina, there’s a good chance your case will not be resolved on the first court date, and therefore, you will need a continuance. It might be continued again, and again after that. Whether you’re charged with DWI in Mecklenburg County or facing a felony…

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Eyelid Tremor Cannabis DRE: Unreliable Under Rule 702

Should Eyelid Tremor Be Used to Prove Cannabis Impairment in North Carolina? For years, the Drug Recognition Evaluator (DRE) protocol has relied on a structured set of physical observations to evaluate suspected drug impairment. Among these, the presence of eyelid tremor has been taught as a supposed sign of recent…

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