In North Carolina, you can challenge breathalyzer results or police conduct related to a DWI (Driving While Impaired) arrest through several legal defenses, as breathalyzer tests and their administration are not infallible.

Key ways to challenge breathalyzer results or police conduct include:

• Questioning the breathalyzer device itself:

  • The device may not have been approved by the state.
  • The machine may not have been properly maintained or calibrated regularly (calibration is typically required every few months).
  • The breathalyzer has a known margin of error and can produce inaccurate results, especially if the BAC reading is borderline.

• Challenging how the test was administered:

  • The officer may not have followed proper protocols, such as giving correct instructions or waiting the required time before administering the test.
  • The officer may not have been properly trained or certified to administer the breath test.
  • The officer may have failed to inform you of your right to refuse the test.
  • The stop itself may have been unlawful (e.g., no valid reason for the traffic stop), which can render subsequent evidence inadmissible.

• Raising medical or physiological factors that affect accuracy:

  • Medical conditions such as acid reflux can cause falsely high BAC readings.
  • Recent use of tobacco, mouthwash, or certain medications can interfere with results.
  • Actions like burping, vomiting, eating, or drinking shortly before the test can skew results.
  • Diets like low-carb, high-protein, or keto may affect breath alcohol readings.

• Procedural and legal defenses:

  • Arguing that the breathalyzer results should be excluded due to errors in testing or administration.
  • Demonstrating that the police did not have probable cause for the initial stop or arrest, which can invalidate the breath test evidence.

Successfully challenging breathalyzer results often requires a thorough review of the testing device’s maintenance records, the officer’s training and conduct, and any medical or situational factors affecting the test. Consulting with a legal expert familiar with North Carolina DWI laws can help build a strong defense strategy to contest the breath test results or police conduct.