BILL POWERS

February 19, 2025

North Carolina DWI Implied Consent: Roadside Breath Tests vs. Official Blood or Breath Testing

North Carolina drivers who are suspected of impaired driving may undergo two main types of breath or alcohol tests: a preliminary screening at the roadside and an evidentiary test under the state’s implied consent laws. These procedures are guided by statutes like G.S. 20-16.2, which defines the expectations placed on a driver once probable cause is established. Although both tests relate to detecting alcohol, they serve different functions and carry different legal consequences.

This article explains the difference between a quick roadside test (like a PBT) and the more detailed evidentiary procedure (commonly an Intoximeter EC/IR II test), as well as the implications of refusing to cooperate at either stage. If you want to discuss an implied consent issue or need guidance on a DWI charge Mecklenburg, Union or Iredell County NC, please call or TEXT the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com. A thorough understanding of North Carolina law can clarify how your case might proceed if you encounter allegations of driving while impaired.

Table of Contents: Breath Testing in North Carolina

February 15, 2025

North Carolina Checking Stations and Roadblocks: How DUI Checkpoints Operate Under G.S. 20-16.3A

by Carolina Attorneys

DUI checkpoints ordinarily involve standardized patterns for stopping vehicles, as well as the use of portable breath tests (PBTs) and SFSTs – Standardized Field Sobriety Tests to assess possible alcohol consumption and appreciable impairment. North Carolina law allows law enforcement agencies to set up checking stations and roadblocks pursuant to N.C.G.S. 20-16.3A to check for things like license violations and to enforce the “drunk driving” (impaired driving) laws. The process must follow certain constitutional and statutory guidelines to avoid arbitrary or discriminatory stops.

The following content is a general overview of how roadblocks and checking stations work, including the difference between a brief roadside stop and a more formal implied-consent procedure. If you have questions about a checkpoint stop in North Carolina—or wish to talk about a specific legal concern related to N.CG.S. 20-16.3A—call or text the Powers Law Firm at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com.

February 12, 2025

PBT Portable Breath Test Calibration in North Carolina

by Carolina Attorneys

North Carolina regulates portable breath tests (PBTs), sometimes referred to as the “breathalyzer,” through specific administrative rules and statutory provisions. Law enforcement officers regularly rely on alcohol screening devices to assess whether a driver has consumed alcohol and may be part of the “arrest decision” related to probable cause. To better ensure reliable readings, the Department of Health and Human Services (DHHS) requires that approved devices be calibrated and verified for accuracy on a regular basis. Deviation from the rules is problematic at best and can, in some circumstances, raise doubt about whether a reported BAC reflects the true breath alcohol content.

This article explains how PBTs fit into North Carolina’s regulatory framework and why calibration rules are important. It references 10A NCAC 41B .0503 and related guidelines for monthly checks, breath simulator solutions, and ethanol gas canisters. If you have questions about calibration or how a screening test may apply to your legal matter, give us a call or text the Powers Law Firm at 704-342-4357. You may also email Bill Powers directly at Bill@CarolinaAttorneys.com.

Below is a synopsis of the sections covered in this article. Each entry links to a segment that discusses calibration and how law enforcement officers administer roadside breath tests in North Carolina.

February 8, 2025

Breath Alcohol Content Screening: BAC in North Carolina

by Carolina Attorneys

North Carolina regulates alcohol screening under a set of rules involving technical standards, operational procedures, and legal provisions that govern how breath tests are administered and how results may be used in criminal proceedings. Officers rely on portable breath alcohol content screening devices (sometimes referred to as a “PBT” or “breathalyzer”) in the field to detect whether a driver has consumed alcohol. Breath testing devices involve following standards set by the Department of Health and Human Services (DHHS) and must be approved by the Forensic Tests for Alcohol Branch.

This post serves as a primer for some of the important aspects of the North Carolina administrative and statutory framework for alcohol screening devices. It explains the significance of regulations like 10A NCAC 41B .0503 and 10A NCAC 41B .0502, along with the NC DWI laws, to show how our state manages breath sampling and the related BAC results. If you have questions about the specifics of your unique legal matter, or if you want to discuss the role of screening devices in your case, give us a ring or text the Powers Law Firm at 704-342-4357. You may also email Bill Powers directly at Bill@CarolinaAttorneys.com.

Below is a synopsis of the topics covered in this article. Each entry links to a section that describes how North Carolina’s framework addresses the approval and calibration of the PBT and provides a big-picture perspective behind the use of approved alcohol screening devices.

February 2, 2025

Understanding Postmortem BAC – Blood Alcohol Concentration in North Carolina Criminal Defense

by Carolina Attorneys

This article discusses how alcohol normally travels through your body when you’re alive, how that changes once life ends, and why postmortem shifts can influence criminal defense in North Carolina. We will also explore the potential legal implications of an inaccurate or misleading BAC when the decedent—who, in criminal cases, may be considered a victim—had alcohol in their system.

By clarifying the complexities of forensic toxicology, our goal is to explain why thorough investigation and analysis by forensic toxicologists may be an essential aspect of building a defense strategy.

It is tempting to assume that the number on a lab report reflects an exact level of intoxication at the time of death, but the science behind postmortem BAC is often far more nuanced and complicated. Factors such as redistribution, laboratory processing, and even microbial activity can alter the reading—sometimes making it appear higher or lower than it actually was when the person was alive.

November 2, 2024

The Science of Hangovers: What Every North Carolina Driver Should Know

by Carolina Attorneys

The human body functions as a complex processing system, breaking down what we consume through a series of chemical reactions. Alcohol moves through this system in phases, from the first drink through the next morning. The effects of hangovers extend beyond the social hours of the night before, through sunrise, and into what many call “the morning after.” Scientists call this process veisalgia. The rest of us know it as a hangover.

Nature sometimes teaches hard lessons. A hangover represents your body’s response to a blood alcohol concentration and metabolizing alcohol, creating chemical compounds that continue to affect physical functions sometimes hours after the last drink. This matters because the effects can impact more than comfort – they affect motor skills, reaction times, and decision-making abilities.

Understanding how blood alcohol content (BAC) changes over time matters. As DWI lawyers in North Carolina, we see cases where hangover symptoms mask underlying alcohol metabolism issues. Safe driving after drinking requires more than just waiting to feel better.

October 2, 2024

Lab Reports, Expert Witness & Courtroom Testimony for Criminal Charges

by Carolina Attorneys

The United States Supreme Court recently addressed the question of whether the Confrontation Clause of the Sixth Amendment is violated when a substitute analyst provides expert witness testimony about the results of forensic testing performed by a non-testifying analyst.

The Court held that when an expert, in this instance a substitute analyst, presents the out-of-court statements of another analyst as the basis for their own expert opinion, the statements are being offered for their truth.

This implicates the Confrontation Clause because the defendant is not able to cross-examine the original analyst about the testing procedures and results.

September 12, 2024

Deconstructing Sobriety Test Data: Are DWI Tests Accurate?

by Carolina Attorneys

In the realm of DUI law enforcement and prosecution, few studies have wielded as much influence as the 1998 San Diego Study and the resulting sobriety test data.

This research, which aimed to validate the accuracy of Standardized Field Sobriety Tests (SFSTs) at blood alcohol concentrations (BACs) of 0.08% and below, has shaped policies, informed court decisions, and influenced the training of law enforcement officers across the United States.

However, to truly understand the impact and implications of this study, we must look beyond the surface-level conclusions and delve into the statistical framework that underpins its findings.

July 4, 2024

Fireworks in North Carolina: What You Need to Know to Stay Legal and Safe

by Carolina Attorneys

As the summer heats up and we’re celebrating the 4th of July, many North Carolinians aren’t all that sure about the rules surrounding fireworks.

Unfortunately, sometimes not knowing the NC fireworks laws ends up with otherwise law-abiding citizens getting charged with a misdemeanor and all that entails.

Whether you’re planning a backyard barbecue or a large community event, it’s helpful to understand the laws governing pyrotechnics in our state.

February 3, 2024

The Walk and Turn Sobriety Test: A Comprehensive Guide

by Carolina Attorneys

When you see those flashing lights in your rearview mirror and an officer signals you to pull over, your heart might skip a beat, especially if they suspect impairment and decide to conduct a sobriety test. Among the various methods employed by law enforcement to assess impairment, the walk and turn test is a very common DWI field sobriety test in North Carolina.

Its purpose? To evaluate an individual’s balance, coordination, and ability to follow directions—all critical faculties that can be compromised under the influence of alcohol or drugs.

This guide aims to delve into the specifics of the walk and turn sobriety test, shedding light on its administration, what law enforcement officers are on the lookout for, its implications in the broader context of DUI/DWI cases, and provide additional insights into how external factors and individual conditions can influence the test’s outcome.