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Due process is one of the most enduring phrases in the American constitutional tradition. It appears in the Fifth Amendment, binding the federal government, and in the Fourteenth Amendment, extending the guarantee to the states.

North Carolina’s Constitution also secures due process through Article I, Section 19, which provides that no person shall be deprived of life, liberty, or property except by the “law of the land.”

Far from being ornamental language, due process reflects a working system of legal discipline that reaches from Magna Carta through North Carolina’s founding conventions into the daily practice of its courts.

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Quick Take: North Carolina vs. Wilson (Oct. 2025) holds that a defendant’s jailhouse letter admitting to a Image representing North Carolina judge in courtroom evaluating admissibility of jailhouse letters and defendant communications as evidence in criminal trials shooting to law enforcement was admissible as substantive evidence, even when framed as a negotiation.

  • Jailhouse letters in North Carolina are not protected under Rule 408 and may be used as proof of guilt.

  • The accused’s communications with law enforcement, including calls and cooperation offers, are generally admissible if voluntary and authenticated.

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When is video evidence admissible?

Quick Take: In North Carolina vs. Ramsey (COA25-145, filed Oct. 1, 2025), the Court of Appeals approved admission of a short cell-phone clip for illustrative purposes:

  • Eyewitness testified it fairly and accurately depicted what was observed
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Can You Appeal After a Guilty Plea in NorthJudge in a North Carolina courtroom considering whether a guilty plea can be appealed, reflecting legal debates in North Carolina v. Branham about plea rights and certiorari. 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.

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For more than three decades, I have worked in North Carolina courtrooms handling DUI cases where law, science, and technology collide. Police officer standing beside patrol car with flashing lights during a traffic stop in North Carolina 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.

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Do you believe in the Rule of Law? Talking heads from various sources bandy about Due Process, Equal Protection, and the Rule of Map outline of North Carolina filled with red, white, and blue horizontal stripes inspired by the state flag, set against a plain gray background. 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.

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Eagle Springs Lake in Waukesha County is not a place you stumble upon. It sits tucked away, a Canada geese gliding across the calm morning water at the family lake home of the Powers family on Eagle Springs Lake, Wisconsin, during Bill Powers’ day of respite 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.

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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 North Carolina police officer conducts roadside sobriety test before breathalyzer PBT in DWI investigation 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.

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Cortisol, often referred to as the primary stress hormone, is produced by your adrenal glands in response to stressful situations, including anxiety-provoking encounters CORTISOL-STRESS-AND-BAC-BREATH-TESTS-IN-NC 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.

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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.

How North Carolina Defines Prescription Medication DUI

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.

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