I am one of the few attorneys in the State of North Carolina with a distinct advantage. I am certified to operate the instrument that North Carolina uses to administer DWI testing. I have received hundreds of hours of training and experience over eighteen years of being certified to operate the Intoxilyzer 5000 and the current instrument, the Intoximeter EC IR II.
I gained this valuable training and knowledge while being a member of the North Carolina State Highway Patrol. I retired after twenty-nine years to begin a law practice. Now you can have this expertise available to you to protect your liberty and your privilege to operate a motor vehicle.
It is difficult in today's society to effectively live and prosper without a driver's license. If you have been charged with driving while impaired or any other alcohol related offense, your driving privileges, financial being and your reputation may be at risk.
NC Law requires a 0.08 blood alcohol content to be charged with driving while impaired. A reading of 0.08 will result in an automatic revocation of your driving privilege for 30 days. You may have your driving privileges restored by a hearing prior to 10 days passing or by a hearing after 10 days.
NC Law will allow charges for DWI offenses for readings less than 0.08. A DWI can be charged for narcotic and prescription related impairment. If you are less than 21 years of age you can be charged for having a 0.01 b.a.c. If you are operating a commercial motor vehicle you can be charged with DWI for a 0.04 b.a.c. or any blood test revealing the presence of a Schedule I controlled substance.
NC Law also allows convictions for appreciable impairment without any evidence of a b.a.c reading. The law enforcement officer's opinion can be sufficient to gain a conviction for DWI.
There are five levels of punishment used in NC for DWI convictions. These levels are determined by measuring aggravating versus mitigating factors. All these factors and the rules as to the burden of proof and the level of proof required are controlled by statute. An attorney can help with determining which level is appropriate if convicted and may be the difference between community service or a lengthy prison sentence and a felony conviction.
NC law allows the use of portable breath testing devices and the use of the Intoximeter EC IR II for breath tests for alcohol. There are strict procedures governing the use of these devices. These procedures were developed and implemented by various governmental agencies to protect the rights of citizens against false or incorrect readings .
Knowing which portable breath testing devices can be used, the procedures for the correct usage of these devices, and the procedural methods of use of the Intoximeter EC IR II can be the difference between whether the test is allowed as evidence against you or the tests results and use of these devices are ruled inadmissible.
This can mean the difference between a dismissal of charges or a conviction based upon improper procedures and tactics.
There are many facets of testing a person's breath or blood for an alcohol concentration that are critical for a reliable and admissible test being used in court. Sequential testing, observation and waiting periods, proper preventative maintenance, proper calibration of the instrument and testing devices are just many of these factors.