Charlotte Criminal Lawyer Blog
What to Know About Preliminary Breath Tests in North Carolina
DUI, driving under the influence of drugs or alcohol, is a charge that is taken very seriously in North Carolina and elsewhere. When police suspect that a driver is intoxicated, they may want to perform tests to determine impairment. One of the most common tests is a breathalyzer or breath test. It is helpful to understand the breath test and the laws regarding DUI in North Carolina. Breath test results may lead to an arrest for DUI. There may be some options for defending these charges with help from an experienced Charlotte criminal defense attorney.
DUI Laws in North Carolina
North Carolina law prohibits the operation of a motor vehicle when the operator has a blood alcohol concentration (BAC) of 0.08 % or higher. BAC is the percentage of alcohol in the bloodstream. Law enforcement often utilizes various tests to help them determine whether you are over the legal limit. Field sobriety tests (FSTs) are simple tests that you perform through the direction of the police officer. Some of these include standing on one leg, and the walk and turn test. A preliminary breath test may also be conducted.
Preliminary Breath Tests
You may be familiar with preliminary breath tests (PBTs). These are small devices that law enforcement can use as a fast and easy way to test BAC. Also called portable breathalyzers, PBTs are designed to provide BAC readings using a breath sample. The driver blows into the device until a proper sample is obtained. The PBT gives an immediate readout of the BAC results with a digital readout. PBTs are different from evidentiary breathalyzers that are used at the police station.
Do I Have to Agree to a PBT?
PBTs are designed to be utilized at the side of the road to provide assistance to officers in determining whether a driver may be intoxicated. Field sobriety tests and preliminary breath tests are tools for law enforcement and may provide them with probable cause to proceed with a DUI arrest. The law in North Carolina requires drivers to submit to breath, blood, or urine tests when asked to do so by law enforcement. However, this requirement does not apply to preliminary roadside testing. However, if you refuse to take the test, the officer may still determine that there is enough information to arrest you on suspicion of DUI.
Because PBTs are voluntary, your failure to take one does not come with legal consequences in itself. Further, PBTs are not generally admissible evidence of intoxication since they are not always completely accurate. However, if you are brought to the police station and are asked to complete a test, that refusal will result in an automatic and immediate suspension of your driver’s license. An experienced criminal defense attorney will help protect your rights and assist you through the criminal process if you face charges.
If you have been charged with DUI, you will want to take the situation seriously with a strong defense. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to discuss your case today.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_20/gs_20-16.2.html
https://www.medicalnewstoday.com/articles/breathalyzer-test
Image Credit:
https://www.freeimages.com/photo/breathalyzer-1240974
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