DWI charges are never to be taken lightly, both by those charged and by those brining the charges. If you have been charged with drunk driving based on the results of a breathalyzer machine, how much do you have a right to know about the inner workings of that machine?It depends on who you ask. North Carolina's law enforcement agencies purchase their breathalyzer machines exclusively through a company called Intoximeters Inc., and a DWI defense lawyer of a man charged in North Carolina has twice attempted to subpoena the CEO of that company to testify as to the coding used to run the computer within the device.
This past Tuesday morning, a driver from Gastonia was arrested by local police and jailed on a $10,000 bond. He now faces charges as a result of impaired driving.The man's car had been stopped by an officer just after 1:00 a.m. Tuesday morning this week. Officer F.D. Towle of the Gastonia police department requested the driver consent to an Intoxilyzer test after noticing an odor of alcohol on the driver's breath. Adding to suspicion was the fact that the officer found the driver to have an open container of alcohol with him inside the vehicle.North Carolina's open container laws state that it is unlawful to have an open container of any alcoholic beverage in the passenger area of any motor vehicle, even if the vehicle is not moving. An alcohol container is defined as an "open container" if the seal on the container has been compromised.