North Carolina DWI Breathalyzer

In the United States, it is against the law to operate a vehicle while under the influence of alcohol or drugs. From a legal perspective, anyone driving with a blood alcohol content (BAC) of 0.08% or higher is considered impaired and can therefore be charged with driving while intoxicated, or DWI. Officers often administer breathalyzers to determine a driver’s level of intoxication, with each state having its own laws regarding the type of device used in these tests. The North Carolina DWI breathalyzer, for example, must be administered on one of two legally approved devices: the Intoxilyzer 5000 or the EC/IR II.

Regardless of the type of device used, a breathalyzer is designed to calculate a person’s BAC based on the amount of alcohol found on his or her breath. If the results of the test indicate you have a BAC above the legal 0.08% limit, you can expect to be arrested and charged with driving while intoxicated. 

Unfortunately, using a person’s breath content to determine his or her BAC is not nearly as scientific as it may appear. Like most mechanical devices, breathalyzers are prone to human error and technical failure. As a result, their results are far from perfect and, in many cases, can be challenged in criminal court.

As scary as their names may seem, both the Intoxilyzer 5000 and the EC/IR II are known to provide inaccurate results on occasion. While each device relies on different methods to determine BAC—the Intoxilyzer uses infrared technology, while the EC/IR prefers electrochemical fuel cell technology—both have one inherent flaw: they assume that the amount of alcohol on your breath is the same as the amount of alcohol in your bloodstream.

So why is that assumption so important? Because it’s possible—and often quite likely—for a person to have a much higher amount of alcohol on his or her breath than in his or her bloodstream. For instance, if you suffer from acid reflux disease or other gastrointestinal disorders, alcohol can remain in your mouth for much longer than other individuals. Likewise, if you have recently used breath mints, mouthwash, or any other product that contains alcohol, a breath test may indicate that your BAC is above the legal limit.

In addition to problems with accuracy, breathalyzers must also be maintained and calibrated regularly. If an officer fails to do this, the device may produce false readings—which means your breath test results may be incorrect, and your case could be dismissed in court.

Fortunately, due to the number of flaws associated with breath tests, a skilled defense attorney can often challenge your results and help you avoid a DWI conviction. If you were recently arrested for driving while intoxicated in the state of North Carolina, is in your best interest to obtain legal representation immediately.

Fill out a free online case evaluation today to locate a lawyer who specializes in North Carolina DWI defense.