Articles Tagged with breath-testing

3-1What are the Potential Penalties for DWI in North Carolina?

Driving while impaired (DWI) is a serious offense and one that comes with severe penalties if convicted. According to the North Carolina Sentencing and Policy Advisory Commission, DWI sentencing is back to normal, pre-pandemic operations. In 2022, North Carolina courts imposed sentences for 26,333 DWI convictions. Various consequences for someone found guilty of DWI may include jail time, community service, alcohol assessment and treatment, court costs, and the loss of driving privileges. If you are facing DWI charges, you will want to strongly defend the charges with help from an experienced DWI attorney.

DWI Sentences

DWI-1024x1024How Long Does a DWI Case Take in North Carolina?

Driving while impaired (DWI) is essentially the same as driving under the influence (DUI). In North Carolina, as in other states, you could be criminally charged with DWI if you are found to be driving while under the influence of alcohol or drugs. As someone who generally stays out of trouble, this could be the first time you are facing criminal charges in North Carolina. The experience can be daunting, and the process can be somewhat lengthy. Unlike a simple traffic violation, a DWI case will proceed through the criminal court system. It is helpful to understand the DWI process.

Arrest and Arraignment

2-1Law Enforcement Checkpoints: What to Do and What Not to Do

The holidays are here, and that means that more people will be traveling on the roads. The police will be out in full force, ensuring traffic safety. In addition, law enforcement may utilize roadside checks to verify sobriety, especially during holiday celebratory times. The goal of checkpoints is to reduce the number of impaired drivers on the road. This, in turn, will reduce the number of accidents and injuries due to collisions.

What are Roadside Checkpoints?

1-4Can I Get Criminal Charges Dismissed in Charlotte?

Criminal charges can be devastating. If you are charged with a criminal infraction, the situation may consume your life. If you are found guilty, you could face some serious penalties that could have a long-term impact on your life. It is often best to vigorously defend yourself against criminal charges. In some cases, it may be possible to get some charges dismissed. A knowledgeable Charlotte criminal defense attorney will help protect your rights and defend against the charges.

Dismissing Evidence

3-4What are the Best Strategies for Defending DWI Charges?

Getting charged with DWI, driving while impaired, can be a daunting experience. You were likely driving along when you were stopped by the police. Suddenly, you find yourself at the side of the road, answering questions and performing some field sobriety tests. The next thing you know, you are in handcuffs, headed to the police station. DWI charges are serious, and if you are found guilty, you could face a number of severe penalties. Depending on the circumstances of your arrest, there may be options for successfully defending DWI charges.

Was the Traffic Stop Legal?

7Can I Get a DWI While Riding a Bicycle in North Carolina?

Riding your bicycle is a great way to get around town. You can ride your bike to get to and from work, to go visit friends, and for pleasure and exercise. When you ride your bike, you may not feel that you have to follow all the same rules that you do when you are behind the wheel of a car. Some people may even use their bicycle instead of a vehicle in an attempt to avoid getting a DWI. Unfortunately, you are still subject to the same traffic laws as when you drive a car. You can still get a DWI while you are riding a bicycle in North Carolina.

What is a Bicycle DWI?

5Can a Criminal Defense Attorney Help Me With DWI Charges?

DWI, or driving while impaired, is a serious charge. You may be pulled over for a traffic infraction and suddenly find yourself performing roadside field sobriety tests. The next thing you know, the police test your BAC and take you to jail. Now you are facing severe penalties if you are convicted. These penalties could cause problems for you for many years to come. You may wonder whether you can defend yourself without having to hire an attorney. Be careful here, as going it alone might put your future in jeopardy. An experienced DWI attorney will help you vigorously defend the charges and assist you in getting the best possible outcome.

DWI Charges are Serious

3BAC Explained

One of the most serious offenses that a driver may be charged with is driving while impaired, DWI. All states have DWI laws in place to restrict driving a motor vehicle while impaired due to the use of drugs or alcohol. In North Carolina, the legal blood alcohol concentration (BAC) limit is 0.08%. The police may arrest a driver when their BAC is 0.08% or higher, or they are suspected of driving while impaired. Some people think there is a magic number of drinks they can consume before they reach impairment, but that is not true.

How the Body Utilizes Alcohol

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”

 

New, portable breath-testing machines sold by Breathometer, Inc. and other companies are making waves in the public marketplace, particularly among college-aged and twenty-something adults. Users of the device in North Carolina should beware: it will probably not help you if you are pulled over for drunk driving.

 

What is it?

Breathalyzer Charlotte DWI Lawyer Mecklenburg Alcohol AttorneyIn plain terms, the Breathometer and the newer “Breeze” products are portable, handheld devices that people can use to test their own breath-alcohol content. Entrepreneur Charles Michael Yim founded Breathometer, Inc. in 2012 in order “to build the world’s first portable breath analysis platform to help people make smarter decisions, improve healthcare and save lives.”

The original Breathometer machine plugged directly into the audio jack of a smartphone. The latest “Breeze” product works in a similar fashion, using “a next-generation electrochemical fuel cell sensor[.]” It is an “FDA registered, law-enforcement grade product,” according to Breathometer, Inc.

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