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New Bern Breath Test Lawyer

Essentially, a breath test is designed to measure the amount of alcohol in a deep-lung breath sample. This measurement is then used to calculate blood alcohol content (BAC). If the BAC is measured at .08 or higher, the driver is presumed to be legally intoxicated. It is not uncommon, however, for this test to yield unreliable results.

As a New Bern breath test attorney, I have more than 20 years of experience defending clients against the full force of the criminal justice system. At Daniel E. Potter, P.C., I understand that a criminal conviction can have devastating consequences such as jail time, fines, community service and loss of driving privileges. It is my goal to thoroughly examine all facets of your charge to develop a strong and effective defense strategy that limits your exposure to these consequences.

Craven County Drunk Driving Defense Attorney

The first step in challenging the results of a breath test is to examine the validity of the initial traffic stop. If it can be determined that the initial stop was constitutional, I will begin asking several questions to determine the validity of the Breathalyzer results, including:

  • Was the machine properly calibrated?
  • Was the test administered appropriately?
  • Was the machine properly cleaned and stored between uses?
  • Was the officer properly trained on the machine's operation?
  • Were there any environmental effects, such as the presence of paint fumes or gas vapor, that could alter the machine's results?
  • Did an outside characteristic of the driver, such as age or lung capacity, influence the results?

While a blood test is arguably more reliable, there are also issues to be resolved there such as the collection, storage and transportation of the sample. If you or a loved one is facing DWI charges based on the results of a breath or blood test, it is crucial that you contact a knowledgeable North Carolina lawyer as soon as possible. The sooner I can begin developing your defense, the better your chances for a successful outcome.

Contact The Firm

Located in New Bern, my offices are open Monday through Friday, from 9 a.m. to 5:30 p.m. or by appointment. I accept all major credit cards as payment, as well as in-state checks, money orders and cash. If you have questions regarding breath test results, contact me today for more information.

Office Locations

Daniel E. Potter, P.C.
2129 South Glenburnie Road, Suite 13,
New Bern, NC 28562
Toll Free: 800-768-1789
Fax: 252-636-0586
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