Call Us: 252-728-1208

RECENT POSTS - DUI_breath_test

Check out the latest posts from Cummings & Kennedy's Carteret County law blog.

Sideline Reporter Has Been Sidelined

  • By James Cummings
  • Feb 18, 2015

A DWI arrest is scary and confusing. In the moments just after you are pulled over, your thoughts are consumed with what to do next. You might wonder how much of a fine you will face, or if your job will be in jeopardy as a result of the charges. When the police say you are driving while intoxicated it is important to develop a solid defense to the charges so the things you care about, like your job or right to drive, are protected. Our extensive experience in criminal defense, and DWI defense, gives us valuable insight on how to best fight DWI charges in eastern North Carolina.  

CONTINUE READING

DWI cases are two-fold, there is the criminal case against you for DWI and there is also an administrative portion of the matter concerning your right to drive. What most people don’t realize when they receive a DWI is that they must fight both of these cases in order to reach an acceptable outcome. The portion of the case dealing with your driver’s license should not be ignored because you face the loss of your driving privileges. If you are unable to drive, it will be difficult for you to get to work or school, and can cause a strain on your relationships with family and friends.  

CONTINUE READING

Is A Breath Test Reliable?

  • By James Cummings
  • Feb 18, 2015

One of the most adrenaline inducing moments of life can be when you see the flashing lights of a police cruiser in your rear view mirror after you’ve been drinking. The first few seconds can be the worst, and the anxiety that is produced lingers for days after the event. Anyone who has been in this situation is understandably scared, and wonders what the best course of action is to resolve the matter. Part of the confusion may stem from the process, and in particular the breath test. The facts are clear though: not all results are reliable. Human error plays a part in the testing, and since no one is perfect it is wise to challenge the validity of the test results.  

CONTINUE READING

Can They Take My Blood In A DWI Case?

  • By James Cummings
  • Feb 17, 2015

Being charged for DWI requires the authorities to show you are legally intoxicated. What that means is that the level of alcohol in your blood exceeds the legal limit. To make this determination the police may perform a field sobriety test, which might include a Breathalyzer. However, a more accurate conclusion of your BAC is reached by the officer actually taking your blood. The process for obtaining a blood sample is complicated.  

CONTINUE READING

Speeding, weaving, driving at night without headlights on, and driving too slow are all indications you may be driving while impaired. If an officer notices a driver engaging in any of these actions, a traffic stop is likely. Some people think they can avoid a traffic stop by taking extra care when driving after drinking. But the simple truth is drinking too much alcohol impairs your judgment and cause you to believe you are driving “normally.”  

CONTINUE READING

Being pulled over after you have been drinking, or facing a DWI checkpoint while under the influence is an unsettling experience. It can be difficult to remain calm and think clearly, but your reaction to the stop is very important to your case. There are certain things you should not do, but there are also actions you can take that may prove beneficial to you in the long run.  

CONTINUE READING

Man Charged With DUI Despite Blowing .000

  • By James Cummings
  • Jun 11, 2013

SURPRISE, Ariz. (CBS Cleveland) — Arizona authorities charge a man for driving under the influence despite him blowing a .000 on a breathalyzer test. 

CONTINUE READING

Categories