Challenging Blood Alcohol Concentration (BAC)

So You Blew .08 or Higher... Don't Give Up

Experienced North Carolina DWI Defense Attorney

One of the primary pieces of evidence that the state uses in prosecuting DWI cases is a breathalyzer reading of .08 or over. However, blood alcohol concentration (BAC) levels measured by a breathalyzer are not always accurate and can be challenged by an experienced and skilled DWI defense lawyer.

Fight DWI Charges. Talk to a Lawyer.

If you have been arrested for drunk driving, Roberts Law Group, PLLC is on your side and at your service. We have extensive experience representing people just like you who have been charged with drunk driving in North Carolina. Contact us for a free initial consultation to discuss your DWI case.

Challenge Blood Alcohol Concentration (BAC) Test Results

In North Carolina, law enforcement officials use the Intoxilyzer 5000 to measure a person's blood alcohol concentration. This is not the breath test that was taken on the side of the road, but rather a test you submit to at the station. Even when the Intoxilyzer 5000 results in a BAC of .08 or higher, there are effective methods to challenge this evidence:

  • Was the breathalyzer machine properly calibrated?
  • Did other substances in your system, in your mouth or on your lips influence the results?
  • Were you given proper instructions about blowing into the machine?
  • Could other factors have caused an inaccurate reading?

Prosecution Experience On Your Side

Criminal defense attorney Patrick Roberts formerly served as an Assistant District Attorney in three North Carolina counties. This experience gives our firm inside knowledge on how DWI cases are handled. We know how BAC evidence is collected and used by the prosecution. We also know that law enforcement does not always collect information as fully or legally as they should. For example, if there was no legal basis for the traffic stop that led to your arrest, everything collected after that point may be suppressed from the record — including the blood alcohol concentration (BAC) results.

Many times, other viable methods of testing blood alcohol concentration (blood or urine tests) are not pursued by law enforcement officials because they believe that they have sufficient evidence. However, if it is proved that the breath test produced inaccurate results or the results are suppressed, the prosecution will not have this evidence as a back-up and their case is considerably weakened.

Don't Take Chances in DWI Cases

If you have been arrested for drunk driving (DWI/DUI) in North Carolina, make sure you have a defense attorney who will fight for your rights and your freedom. Contact our Raleigh law office to schedule a free initial consultation.

North Carolina v. J.O.
Charge: DWI
Facing: 1 year in jail
Result: Case Dismissed

Our client lost her trial in District Court and received a 45 day jail sentence. She hired Roberts Law Group to help her with her Superior Court efforts. We argued a motion to dismiss based on an unconstitutional driver's license checkpoint and prevailed. Any evidence that flowed from the stop of her vehicle was ordered suppressed by the Judge. Case dismissed. Our client blew .13 on the EC-IR II breath device.

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