Anyone in the State of North Carolina who is arrested for DWI is required to submit to a chemical analysis under the Implied Consent law.  Generally the chemical analysis is done by obtaining a breath sample through use of a breathalyzer machine. The result of this test is a piece of the State’s evidence in a DWI case and is subject to certain criteria in order to be admissible in court.

When the test is being administered the analyst must obtain two consecutive breath samples.   The two samples that are obtained must not have a variance above .02.  For example if someone blows a .08 on the first sample and then blows a .05 neither sample is admissible.  However if both samples fall with the .02 spread both samples can be admitted.   The analyst may take more than two breath samples and if any two consecutive samples fall within the .02 allowance then those two consecutive samples can be used, however only the lowest reading will be used at trial.

If you should find yourself in a situation where you have been charged with a DWI you need to contact an attorney who has the experience and knowledge necessary to handle your case with the care it deserves. We defend DWIs and DUIs in Charlotte, Mecklenburg County, Pineville, Cornelius, Huntersville, Lake Norman, Pineville, Matthews, Mint Hill, and UNCC. For a private, confidential consultation with one of our experienced DWI lawyers, please call 704-499-9000 or toll-free 877-374-5999 even on weekends or holidays. Visit our main page here.