If you have been charged with a DWI in North Carolina, you were likely asked to undergo a Breathalyzer test. If you choose to partake in this test, it was either administered on the side of the road through a portable breath test or at the police station through the use of a device called the Intoxilyzer.
Portable Breath Test
A portable breath test is a handheld device commonly known as a Breathalyzer. This device is issued to police officers to test individuals who are suspected of committing a DWI. When an individual blows into the device, the device provides an analysis of the individual’s breath with an estimated blood alcohol count (BAC) to the police officer. In order for this device to be effective in testing BAC, the police officer must follow certain standard procedures and make sure that the device is properly calibrated.
The Intoxilyzer is a stationary device that is typically located at a police station. Police officers use this device to determine a more accurate level of intoxication of a person. To accomplish this, a police officer instructs an individual to blow through a tube into the device for a certain amount of time. After the individual has blown, the Intoxilyzer tests the breath sample for alcohol content and displays an estimated BAC to the police officer. For accurate results, the Intoxilyzer must be used following certain standard procedures and must be properly calibrated.
If you have submitted to alcohol testing using either one or both of these devices, the information obtained is admissible in court in North Carolina. However, although the information is admissible, the exact readout of the estimated BAC is not admissible as evidence. As such, a police officer may only state whether an individual submitted to testing and whether the results of the test were positive or negative for the presence of alcohol.
If you have been charged with a DWI, don’t hesitate to Contact Us at Minick Law, P.C. for a free consultation. We will zealously fight your charges in order to receive the best possible outcome of your case.
James Minick is founder and C.E.O. of Minick Law, P.C. James is committed to providing top notch legal services through his team of highly specialized legal professionals. James will defend your rights.