In North Carolina, officers rely on one of two primary types of chemical analysis. In most cases, the police use breath or blood testing. However, in some cases, officers use urine tests. Both breath and urine testing rely on how much is excluded by the body. In addition, alcohol also escapes through the skin which is the basis of continuous alcohol monitoring systems. That’s why you have to go alcohol free if on SCRAM. Otherwise, you fail and defeat the purpose.
Chemical Analysis Breath Tests for Alcohol
Because most Monroe DWI cases involve breath testing, we start here. While taking a breath sample, the machine guesses how much alcohol is in your lung air. Although police swear by this machine, it is just a machine. And every machine has a margin of error. In addition, the machine assumes everyone is the same. Rather, there is no adjuster for height, weight, age, sex, fever, or food intake. Furthermore, there is no blood involved. Instead, the machine makes a “best guess” of your BAC. Finally, alcohol molecules are similar to other substances which the machine can “misread.” Thus, other substances can create errors that affect your BAC “number.”
Blood Testing Cases
While breath testing is debatable, Monroe DWI blood cases are more difficult to challenge. However, there are ways to defeat blood cases. For example, the State must first prove that the sample tested is the defendant’s blood. So if there are any identification issues, that can be reasonable doubt. In addition, if the BAC is high, you can cast doubt if your client’s video evidence is good. Fortunately, blood evidence is usually used in accident cases or where someone refuses breath testing.
Because it is easier, breath testing is the current standard. Rather, in a refusal case, the officer has to appear in front of a magistrate to get a warrant. In addition, the officer then has to take the suspect to a hospital for blood testing. All of this takes effort, and a single DUI arrest can take hours to complete. As a result, many officers don’t want to take the time and just rely on the refusal at trial. Consequently, we argue that the State failed to satisfy its burden of proof by not producing a BAC number. In the end, it all depends on how your client appears on video. After all, everyone knows what “drunk” looks like and sounds like. And if you look good on video, a jury may decide in your favor.
Chemical Analysis in the Future
Going forward, medical science may put DUI lawyers out of business. Just like measuring blood sugar levels, we should similarly be able to measure blood alcohol immediately. Furthermore, pricking your finger is less invasive than drawing blood. And the BAC level would be while driving and not some period of time later. Consequently, we lose many of our most common defenses. In addition, blood testing is much harder to defend than breath results. But until that day comes, an experienced DWI can still fight your Monroe DWI. So call now and let’s start your defense.