Articles Tagged with North Carolina DUI Laws

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 The graphic reads PER SE DUI MYTH to signify the legal defense strategy of challenging the automatic assumption of guilt based on a chemical test alone in a North Carolina DWI case certain number, a conviction is inevitable.

It is not the language of the statute. It is not the language used to instruct juries. It is a mantra of sorts that has been repeated so often it now masquerades as doctrine.

North Carolina’s DWI statute does not use the phrase per se impairment for alcohol or marijuana, and North Carolina’s jury instructions do not tell juries that a specific number automatically requires a finding of guilt.  That phrase does not appear anywhere in N.C.G.S. 20-138.1.

This post continues the Breath, Blood, and Bull series, which explores how science, technology, and human judgment shape DWI Police officer speaking with a driver during a traffic stop, illustrating field sobriety and breath testing procedures in North Carolina DWI investigations enforcement in North Carolina.

The first article examined the limits of field sobriety testing. This installment turns to the machines that translate breath into evidence, using “breathalyzers.”

By unpacking how they measure alcohol, where they can fail, and how lawyers challenge their results, you’ll see why science is not necessarily as simple as a number on a printout.

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