In the state of North Carolina, DWI (or driving while intoxicated) is a criminal offense that involves serious legal consequences. In the fight against drunk driving, law enforcement officials work tirelessly to implement new measures that will aid in DWI prevention and prosecution. Many of these new measures are technological advancements such as: new and improved breathalyzers, retrograde extrapolation, and other technology used in impaired driving investigations.
To create awareness among drivers, Kurtz & Blum, PLLC, a team of dedicated DWI defense lawyers in Raleigh NC recently examined the technologies commonly used in DWI cases. According to partner, Howard Kurtz, "If you have been arrested and charged with a DWI, you most likely encountered an intoximeter, or breath analysis test, such as the EC/IR II. Intoximeters, the newer versions of breathalyzers now used in Raleigh, NC, are devices that measure blood alcohol content (BAC) from a breath sample."
With each new model of alcohol breath test machines, manufactures claim they are increasingly accurate. Kurtz continued, "For those of us who have been defending DWI cases in court for years, it is always interesting to hear how much better they claim the new tests are and how much more reliable and accurate they think they are. What they are repeatedly saying is that the older models were flawed. Of course, they don't tell anyone that until a new model comes out. Like any other machine or computer, breathalyzers can give incorrect readings and make mistakes. Fortunately, there are judges and juries who recognize their technological limitations."
Another issue to consider is that of retrograde extrapolation. While explaining this process, Kurtz stated that when a person first consumes alcohol, his or her blood alcohol level will rise as the alcohol is being absorbed into the system. Sometime later that alcohol rate will peak and begin to dissipate. When a person is arrested on suspicion of DWI he or she will be asked to submit to chemical testing by providing a breath or blood sample. If the breath result was obtained hours after someone drove, the State can use retrograde extrapolation to try and prove what that person's alcohol content was at the time they were driving. There is a great degree of controversy as to the accuracy of these results as individuals metabolize alcohol at different rates and those rates are confounded by a number of environmental variables.
The Raleigh DWI attorneys at Kurtz & Blum are all too familiar with the EC/IR II and other breath testing technologies. They have the experience and savvy needed to challenge the procedures used during a breathalyzer test as well as the results.
Kurtz also added, "We routinely help people in all of Wake County, North Carolina. We frequently defend cases of DWI arising in the following cities: Fuquay-Varina, Rolesville, Wendell, Knightdale, Raleigh, Morrisville, Wake Forest, Zebulon, Holly Springs, Garner, Cary, Apex and New Hope."
About Kurtz & Blum, PLLC,
Kurtz & Blum is a well-known and trusted Raleigh, NC law firm which provides assistance for people who need a professional legal counsel for those charged with criminal cases involving DWI, sex crimes, drug crimes and more.