Carolina?Quick Take: North Carolina v. Branham shows that guilty pleas in North Carolina do not automatically preserve appellate rights, but certiorari may sometimes fill the gap.
The Court of Appeals held no statutory right existed to appeal a denied immunity motion after a guilty plea.
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 explains “breathalyzer” machine results, the evidence is often presented with the weight of scientific certainty. But those of us who defend DWI charges know that level of certitude is sometimes a bit overstated.
The reality is that DUI cases are a perfect storm of pharmocokenetics, engineering, and criminal procedure.
Do you believe in the Rule of Law? Talking heads from various sources bandy about Due Process, Equal Protection, and the Rule of 
Law. But what do those terms really mean and are they even relevant in today’s perpetual, and frankly exhausting, messaging infrastructure?
Stripped of partisan slogans, the concept of the Rule of Law is neither vague nor ornamental. It has a precise meaning rooted in centuries of legal thought and practice.
It is not about who shouts the loudest or which faction claims the phrase; it is about the structure that makes the government accountable to the governed and liberty possible.
Eagle Springs Lake in Waukesha County is not a place you stumble upon. It sits tucked away, a 
spring-fed lake that has quietly carried on its rhythms for generations.
For my family, the Powers name has been tied to this water for more than 100 years. That is not a casual stretch of time.
It means cottages built and rebuilt, fishing poles passed down, birthdays celebrated, and the long cycle of summers and winters shaping what the lake means to us.
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 legitimate question to ask: Is the breathalyzer on the side of the road reliable?
Both the Alco Sensor FST and the EC/IR II (products of the Intoximeters corporation) detect the presence of ethyl alcohol (ethanol) in breath using an electrochemical fuel cell. Under N.C.G.S. 20-16.3, the Alco Sensor FST is approved for roadside screening. A positive or negative indication for alcohol may be considered when determining whether there is probable cause to arrest.
The numerical result of the AlcoSensor FST is generally not admissible to prove a violation of N.C.G.S. 20-138.1. A numeric portable breath test value may appear in limited administrative proceedings, but it is generally not used to establish the elements of the prima facie elements of the criminal offense of driving while impaired in North Carolina.
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 mobilizing glycogen stores.
During acute stress, elevated cortisol levels help ensure that your body has enough energy to manage the perceived threat.
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 surprises some folks, who mistakenly believe following “doctor’s orders” and driving is OK.
Under N.C. Gen. Stat. § 20-138.1, someone commits the offense of impaired driving if they operate a vehicle while with a blood alcohol concentration of 0.08 or more or under the influence of an impairing substance, even if the substance is prescribed. The statute essentially bars the defense that a drug was legally prescribed if taking the medication adversely affects your mental or physical faculties to such extent there is a noticeable or appreciable impairment.
If you’re following ketogenic fasting, characterized by prolonged calorie and carbohydrate restriction, you may be unknowingly altering your body’s response to alcohol and potentially impacting DUI test results and associated criminal allegations of “drunk 
driving.”
While ketogenic fasting triggers autophagy, a natural cellular cleanup, it also indirectly influences glucose and cortisol levels, creating complex physiological interactions potentially relevant to impaired driving charges.
DRE testimony has become a fixture in North Carolina’s most serious impaired driving cases, including felony death by vehicle and 
second-degree murder charges.
The Court of Appeals’ July 2025 opinion in North Carolina v. Moore provides essential guidance for lawyers, judges, and anyone facing charges based on drug impairment evidence. Understanding how DRE testimony is used, challenged, and scrutinized at trial can mean the difference between conviction and acquittal, and may shape plea negotiations and appellate strategy.
When legal charges involve both scientific analysis and complex courtroom questions, DRE testimony can have a significant impact on the outcome. At Powers Law Firm, clients facing felony death by vehicle, felony serious injury by vehicle, misdemeanor death by vehicle, and impaired driving charges trust our experience with serious criminal charges in Mecklenburg, Iredell, Union, Gaston, Lincoln, Rowan, and Stanly Counties. We review select cases across North Carolina. If your case hinges on technical or scientific evidence involving DRE testimony or allegations of drug impairment, please can TEXT or call 704-342-4357 to schedule a confidential consultation.
Carolina Criminal Defense & DUI Lawyer Updates
