What are grounds for an arrest on a breathalyzer if you get licensed checked again?

This is a discussion on What are grounds for an arrest on a breathalyzer if you get licensed checked again? within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; I'm in NC. I messed up once at age 27 with a clean driving record beforehand, I got my first DWI at a license check a couple months back, got ...

Results 1 to 4 of 4
  1. #1
    Junior Member
    Points: 164, Level: 3
    Level completed: 28%, Points required for next Level: 36
    Overall activity: 0%
    Achievements:
    31 days registered100 Experience Points

    What are grounds for an arrest on a breathalyzer if you get licensed checked again?

    I'm in NC. I messed up once at age 27 with a clean driving record beforehand, I got my first DWI at a license check a couple months back, got it suspended for 30 days, and I am still waiting on my court case to be solved, waiting for my 3rd court date, got it continued a couple times. I've been doing really well watching what I drink before I drive. I always usually stayed over at friends, but messed up once coming back from the bar. Hypothetically speaking, if I were to drink just 3 light beers, in a 2 hour period, weighing 170lbs, would I pass a breathalyzer if I got stopped at a license check? I calculated this on blood alcohol calculator.org, and that website said I would not be impaired at 0.38 % bac. However, I know it depends upon a number of factors, and what you eat, and how well you metabolize, it's just an estimate. I know probably when you get one DWI, I think the legal limit goes down from 0.08 % to 0.04%, but would I still get a ticket for blowing any amount on a Breathalyzer test, since I already got one DWI? Like I said before, I have been doing great with not driving, and I've had 1 light draft beer at a bar once during this time frame and than drove. I always wait awhile, but I just don't want this to happen again, but yet I still want to have a beer or 2 if I have to drive. How strict is NC law regarding blowing any amount on a breathalyzer at a license check for the 2nd time?


  2. #2
    Administrator
    Points: 110,886, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 93.0%
    Achievements:
    Created Blog entryOverdriveTagger First Class50000 Experience PointsVeteran

    First of all, how could you not be impaired at .38% when the legal limit is 0.08% (not that .38% is even possibly from only 3 beers).

    There is such a thing as residual mouth alcohol and you can blow over the legal limit on a breathalizer without even consuming any alcohol. To see what I mean, watch this video:
    The Problem of Residual Mouth Alcohol - The McShane Firm, LLC - Legal Help Videos

    Generally however, it is very difficult to be convicted on a breathalyzer test alone without the results from any checmical tests. Unfortunately your previous DUI's would weigh against you in court if they can get admitted.

    Here are the penalties for DUI in North Carolina:
    DUI Penalties in North Carolina | DUI DWI Legal Help

    Finally, the legal limit of your BAC does not change because of your previous DUI's so it will still be 0.08 for you.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  3. #3
    The Only Man That Can
    Points: 5,180, Level: 49
    Level completed: 15%, Points required for next Level: 170
    Overall activity: 0%
    Achievements:
    Veteran5000 Experience Points

    .38? How much do you weigh? That is about half a bottle of vodka, not 3 beers.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  4. #4
    Junior Member
    Points: 135, Level: 2
    Level completed: 70%, Points required for next Level: 15
    Overall activity: 0%
    Achievements:
    31 days registered100 Experience Points

    Well I learned a long time ago "DON'T DRINK AND DRIVE" period go with friends and find a non drinking driver for the night, it is easy and a no brain-er or stay home. As for your question not sure it is any different as the first time because you will not have a record I don't think until you found guilty for the first time. I have very respect for people driving drunk as one stole many years of my life because he was 0.25, with no ins. it destroyed my family so don't drink and drive sounds like your trying to skirt the law and get as close as you can and still get by.


 

Similar Threads

  1. Replies: 1
    Last Post: 10-03-2011, 02:23 PM
  2. Video: Can I refuse to take a breathalyzer test?
    By Legal Help in forum Video Comments Forum
    Replies: 0
    Last Post: 08-25-2011, 05:35 PM
  3. Video: Top 6 Mistakes made after a DUI Arrest
    By Legal Help in forum Video Comments Forum
    Replies: 0
    Last Post: 08-21-2011, 03:13 AM
  4. Replies: 0
    Last Post: 08-21-2011, 03:05 AM
  5. Grounds for Annulment
    By Jimmyboy in forum Family Law Questions
    Replies: 3
    Last Post: 08-01-2011, 02:01 AM