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Challenging DWI Chemical Test Results in North Carolina

If you have been charged with DWI in North Carolina, it is time to get to work. While many people may feel like they have no chance of overcoming scientific evidence, you may be surprised to learn that DWI chemical test results are not always that accurate. In fact, it is quite easy to challenge the test results in a DWI case, and doing so might just help you avoid a conviction. Given that North Carolina takes DWIs seriously, and that they can have a lasting impact on your life and career prospects, it is important to be proactive and seek legal help to fight these charges. It is much easier to fight them now than it will be to try and deal with them later.

North Carolina DWI Chemical Tests

North Carolina uses breathalyzer tests and blood tests to determine whether there is alcohol or drugs present in an individual’s system if they are suspected of drunk driving. Whether you realize it or not, you have consented to submitting to this testing simply by driving on North Carolina’s roads. This is known as an implied consent law for motorists. If you refuse to comply you will lose your driving privileges for a minimum of one year, however, it will be through an administrative, rather than criminal, process, and the prosecution will not have any evidence.

Challenging Blood and Breathalyzer Test Results

Although it may seem like science is working against you if you are charged with a DWI on the basis of a breathalyzer test, science may also be able to refute the initial findings. There are a number of factors that can cause a breathalyzer test to be inaccurate. For instance, having a breath mint or gum containing alcohol immediately prior to taking the test can throw off the results. If the police station has not been vigilant in calibrating the breathalyzer equipment it can also not be viewed as reliable. Breathalyzers use what is known as a partition ratio to determine an individual’s BAC, but this ratio can be heavily affected by an individual’s respiration rate and body temperature, both of which can increase during stressful interactions with police officers. Blood tests, on the other hand, can be an accurate indicator of drugs and alcohol in the system, but are highly susceptible to testing errors, cross contamination, and poor testing methodologies. Delays in testing the sample or improper storage can cause the blood to coagulate and give an inaccurately high reading. Additionally, there is often a significant delay between the time an individual is pulled over and when their blood is drawn, during which time their BAC can elevate beyond the legal limit, and beyond the limit they had while driving.

Schedule a Consultation with Coastal South Law

If you are facing DWI charges in North Carolina, the experienced criminal defense attorneys at Coastal South Law are ready to help. Contact Coastal South Law today to schedule a consultation and find out how we will fight for the best possible outcome in your case.


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