North Carolina Criminal Law

The court of appeals ruled this week in State v. Shockley that alcohol concentration readings from two of four attempted breath samples collected within 18 minutes of one another met […]

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Update: Check out this post about a recent court of appeals case in this area. Original post: Most DWI cases involve breath tests for alcohol. But there are circumstances in […]

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Among the most recent batch of opinions issued by the Court of Appeals was State v. Tellez, in which the court upheld the defendant’s conviction of two counts of second-degree […]

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I first encountered North Carolina’s impaired driving sentencing scheme several years ago when I worked as an Assistant Federal Public Defender for the Eastern District of North Carolina.  I represented […]

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The New York Times published this editorial last week advocating that all people convicted of impaired driving – including first-time offenders – be required to install ignition interlocks in their […]

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My colleague Shea Denning, a frequent contributor to this blog in the area of motor vehicle law, has put together the ultimate authority on all things related to State v. […]

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The Associated Press just published this story about a federal program in Idaho and Texas in which officers are trained to draw blood from people suspected of impaired driving. The […]

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If a 0.15 alcohol concentration is not admitted at trial or sentencing, does it count for limited privilege purposes? I discussed in an earlier post circumstances in which the Confrontation […]

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I’ve been asked more than once about whether the odor of alcohol combined with a positive reading on a portable breath alcohol screening test device, such as an ALCO-SENSOR, without […]

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Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2. On January 15, 2008, Donna Defendant was charged with […]

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