The “Per Se” DWI Myth: Why North Carolina Law Does Not Support Conviction by Number Alone 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…
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…
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…
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…