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RECENT POSTS - Field_sobriety_DUI

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

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.  

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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.  

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Admissibility Of Blood Tests

  • By James Cummings
  • Feb 17, 2015

When you are arrested for DWI the police provide proof of intoxication to the prosecution that is used against you in Court. In most cases the proof consists of evidence of being impaired while driving which most typically is in the form of a blood or breath test. If the level of alcohol in your blood exceeds the legal limit, the State can charge you with DWI. This is why it is important you thoroughly analyze the field sobriety results and find weaknesses in the State’s evidence. Once such opportunity may exist if the charging officer fails to adequately inform the defendant of his implied consent rights.  

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Is a Field Sobriety Test Accurate?

  • By James Cummings
  • Feb 17, 2015

When you get pulled over on suspicion of driving while impaired the police will likely give you a field sobriety test. The test results help authorities determine if you are legally intoxicated and should be arrested for DWI. Your performance helps establish probable cause for the arrest and then the charges of DWI being lodged against you.  

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