Attorney
Police want you to believe BAC numbers are gospel. After handling DWI cases for over 20 years, our North Carolina DWI defense attorneys know better.
Most people think a breathalyzer reading over 0.08 means automatic conviction. That’s exactly what prosecutors want you to believe. But here’s what they don’t tell you: those machines break down constantly, officers skip crucial steps, and labs make mistakes that destroy cases.
The Dirty Secret About Breath Tests
Every DWI case in North Carolina starts with the same assumption—if the machine says you’re drunk, you must be drunk. But these machines break down constantly.
The state uses the Intoximeter EC/IR II for most breath tests. It’s basically a desktop computer that tries to guess your blood alcohol from your breath. Two sensors, lots of moving parts, and about a thousand ways to screw up.
Police stations aren’t exactly sterile laboratories. These machines sit in booking rooms where suspects vomit, officers eat lunch, and cleaning chemicals get sprayed around. All of that affects the readings.
Blood tests aren’t much better. Blood samples travel from the hospital to the lab in patrol cars. They sit in fridges that break down. Lab techs work overtime and make mistakes.
Where the System Falls Apart
There are rules about how sobriety tests are to be done in North Carolina, but we all know those aren’t always followed. Let’s see where things start to break down.
The 15-Minute Rule
Before any breath test, North Carolina administrative rules require officers to observe you continuously for 15 minutes. No bathroom breaks. No phone calls. No stepping outside for a smoke.
Let’s say an officer disappears for 10 minutes to book another suspect. If you took antacid tablets during that time, the breath test could read artificially high. Courts would throw out that evidence because the officer violated protocol.
Equipment Maintenance
North Carolina administrative rules require these machines to undergo preventative maintenance every four months. We request those records in every single case. In our experience, maintenance is often late, done incorrectly, or sometimes never happens at all.
What about when a machine that hasn’t been properly calibrated in eight months, but the county keeps using it anyway? Cases often get dismissed when maintenance failures come to light.
How Medical Issues Factor In
Diabetics produce acetone on their breath. Acid reflux brings alcohol from your stomach to your mouth hours after drinking. Even dental work can trap alcohol and release it later.
Police officers aren’t doctors. They don’t ask about your medical history. They just assume the machine is right.
Why Blood Tests Fail Too
Blood seems foolproof until you see what actually happens to your sample.
First, someone has to draw it properly. Non-alcohol prep pads only. The right tubes with the right preservatives. Proper needle technique. Nurses and EMTs mess this up constantly.
Then your blood travels. Sometimes it sits in a patrol car for hours. Sometimes the lab tech forgets to refrigerate it. Sometimes tubes get mislabeled or mixed up with other samples.
What if the lab can’t prove they tested the right person’s blood? It happens. Poor paperwork destroys cases.
The Legal Framework That Helps
North Carolina law gives prosecutors a significant advantage under G.S. 20-139.1(b). They can introduce breath test results without the scientific foundation normally required for this type of evidence.
But this statutory shortcut creates opportunities. When maintenance fails or procedures get violated, judges must exclude the evidence under the same statute. The state’s advantage becomes your defense.
Fighting Back With Science
We work with toxicologists who’ve been studying breath testing for decades. These experts explain rising blood alcohol to juries. They show how medical conditions affect results. They demonstrate how improper maintenance creates false readings.
In our experience, prosecutors find expert witnesses challenging because they complicate what appears to be a simple breath test.
When the Numbers Don’t Add Up
Breath tests generally have a margin of error that can range from approximately 0.01 to 0.02 or higher, depending on various factors. If you blow 0.08, your actual BAC could potentially be lower.
Blood tests are typically more accurate but not perfect. In our experience handling DWI cases, chain of custody issues and lab errors occur more frequently than many people realize.
The Reality About Refusal Cases
Refusing the breath test costs you your license for a year. Prosecutors will tell the jury you refused because you knew you were guilty.
Sometimes refusal makes sense anyway. No breath test means no scientific evidence. Prosecutors have to prove impairment through officer observations and field sobriety tests, which are much easier to attack.
What This Means for Your Case
Every DWI case lives or dies on the details. Did the officer follow proper procedures? Was the machine working correctly? Do you have medical conditions that affect testing?
Most people think DWI cases are automatic convictions. They’re not. The state has to prove you were impaired while driving using flawed science and sloppy procedures.
That 0.08 or 0.12 or 0.15 on your paperwork isn’t the final word. It’s the opening argument in a fight you can win.
Don’t let a number on a piece of paper scare you into pleading guilty. These tests fail constantly. Officers make mistakes. Labs cut corners.
Your job is to make the state prove their case. Our job is to show the jury why they can’t. Contact us to discuss your case with a DWI defense attorney today.