This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
Field sobriety and breathalyzers for DWI in Mecklenburg County are tools used by police to gather evidence of impairment during a traffic stop. These tests include physical tasks and breath samples that help officers decide if they have a legal basis to make an arrest. At Olsinski Law Firm, we review the results of these tests to find errors in how they were given or recorded. If you are facing DWI charges in Charlotte, contact us at 704-405-2580 to discuss your criminal defense options immediately.
Police officers use a specific set of physical tests to determine whether a driver is impaired. These standardized field sobriety tests follow guidelines from the National Highway Traffic Safety Administration (NHTSA). Our firm reviews these tests to determine whether the officer followed the correct rules.
The horizontal gaze nystagmus test looks for an involuntary jerking of the eyes as they move to the side. A police officer moves a pen or light in front of your face and watches how your eyes follow it. While this is a common part of standardized field sobriety testing, it is often affected by medical conditions or outside factors.
The walk and turn test is a divided attention task that requires you to listen to instructions while performing physical movements. You must take nine heel to toe steps along a straight line, turn in a specific way, and walk back. The officer looks for signs of poor balance or an inability to follow directions during the performance phase.
In the one-leg stand test, you must stand on one foot while counting out loud for about thirty seconds. This test checks your balance and your ability to keep track of time. Like the walk-and-turn test, simple issues, such as the type of shoes you are wearing, can cause you to fail this test.
Standardized tests are only reliable when the officer gives them exactly as trained. Any small mistake in the instructions can make the bac evidence or observations unreliable. We examine the officer's performance phase notes to build your aggressive defense.
Physical tests are not perfect tools for measuring if someone is driving while impaired. Many outside factors can cause a person to fail even if they are completely sober. We look for these issues to show that your test results may be wrong.
The location of the test can change how well you perform these physical tasks. Police officers often conduct standard field sobriety tests on the side of a busy road with passing cars. Uneven pavement, gravel, or bright patrol car lights can make it hard to balance. Bad weather or a dark environment also makes it difficult to see where you are stepping during the walk-and-turn test.
Your body’s natural limits play a huge role in how you handle standardized field sobriety testing. NHTSA guidelines state that being over 65 years old or more than 50 pounds overweight can affect your balance. Wearing high heels or heavy boots can also make the one-leg stand much harder than it should be. These physical traits are often mistaken for signs of alcohol by a law enforcement officer.
Many medical conditions can cause eye twitching, as seen in the horizontal gaze nystagmus test. Inner ear infections, leg injuries, or neurological disorders can also ruin your balance. Even common prescription drugs for anxiety or allergies might impact your results. We gather your medical records to prove that your health was the reason for a poor test score.
Outside influences often make these tests unfair and inaccurate. Identifying these flaws is a key part of an aggressive defense strategy. Olsinski Law Firm investigates the scene of your stop to find every factor that worked against you.
The PBT (portable breath test) is a small device used by an officer right at your car window. It provides a quick reading of your blood alcohol content to help the officer decide whether to arrest you. You should know how this small machine differs from the larger ones at the station.
A roadside breath alcohol screening test is less accurate than the machine used at the jail. The portable unit uses fuel cell oxidation to find alcohol, which can be affected by temperature or mouth alcohol. The Intoxilyzer EC/IR II at the station is much more reliable and is used as the main evidence in court. We check both devices to see if the breath alcohol concentration was reported correctly.
In North Carolina, the actual number from a portable breath test usually cannot be used to prove you were guilty. It can only be used in court to show that the officer had reasonable grounds to arrest you. This means the judge only hears if the test was positive or negative for alcohol. We work to keep these results from hurting your case during a trial.
You generally have the right to refuse the roadside breath alcohol screening tests without an immediate penalty. Unlike the main breath and blood test at the station, refusing the PBT does not automatically trigger a license suspension. However, the officer can still arrest you based on other signs, such as the results of field sobriety tests. Knowing when to say no is important for protecting your rights during a stop.
Portable breathalyzers are often the first piece of evidence an officer collects. Since they are not perfect, we look for errors in how the device was used or fixed. Olsinski Law Firm understands the science behind these tools and how to challenge them in court.
Every person who drives on public roads in this state enters into a legal agreement regarding chemical testing. This rule helps the state enforce safety laws by requiring cooperation during a driving while impaired investigation. You should understand how this law impacts your driver's license before you are asked to take a test.
Under N.C.G.S. § 20-16.2, the implied consent law means you have already agreed to a breath and blood test if you are charged with an implied-consent crime. The state views driving as a privilege rather than a right. By accepting a license, you accept the requirement to provide a sample when a law enforcement officer has reasonable grounds to suspect impairment.
Refusing to perform a breath test at the station leads to an automatic license suspension for one year. This license revocation happens even if you are later found not guilty of the DWI charges in court. The North Carolina DMV will send a notice of suspension shortly after the police officer reports your refusal. You may only have a short time to request a DMV hearing to challenge this loss of driving privileges.
If you refuse to cooperate, the officer will take you before a magistrate to document the refusal. The officer must swear under oath that they had a legal basis for the stop and the arrest. You have the right to be informed of your rights, including the right to have a witness present during the testing. Olsinski Law Firm reviews these interactions to ensure your rights were not violated during this critical moment.
In some DWI cases, the state may prefer a blood test over a standard breath test. Blood samples are often seen as more reliable for detecting prescription drugs or a high blood alcohol concentration. Our team examines how these samples were taken and stored to find potential errors.
Officers may choose blood tests if they suspect you are under the influence of drugs or if you are unconscious. Blood draws are also common in felony DWI cases involving a serious accident. The state uses these blood draws to provide a scientific breakdown of every substance in your system. We look for flaws in the chemical testing process that could make the results inadmissible.
If you refuse a test, the state can sometimes obtain a warrant for a forced blood draw. Warrantless searches of your blood are generally not allowed unless there is an emergency. Judges in Mecklenburg County can issue these warrants quickly, especially during sobriety checkpoints. We review the legal grounds for obtaining the warrant to determine whether the search was lawful.
Some officers receive advanced training to spot signs of drug use that a breath test cannot find. A Drug Recognition Expert (DRE) uses a 12-step process, including a finger-to-nose test and the Romberg balance test. They also look for vertical gaze nystagmus, which can suggest high levels of impairment. These experts are often used in blood draw cases to explain why they suspect drug use.
A blood sample must be handled very carefully as it moves from the hospital to the lab. Any break in the chain of custody can lead to a sample being contaminated or switched. We investigate the testing rooms and lab logs to ensure the analysis was done correctly. If the lab made a mistake, the BAC evidence against you might be thrown out.
Chemical testing is a technical process that often has hidden flaws. Your DWI lawyer must understand the science to effectively challenge these results. Olsinski Law Firm uses our knowledge of criminal law to fight these complex charges.
We use several proven strategies to fight DWI criminal charges based on flawed testing methods. Our team examines every detail of the police report to find where your rights were ignored. We focus on the legal and scientific errors that can lead to a case being dismissed.
A police officer needs a valid legal basis or reasonable suspicion to pull you over. If the initial traffic violation or reason for the stop is found to be invalid, the court may throw out all the evidence that followed. We file motions to suppress to prevent the state from using data gathered during an unlawful stop. This includes evidence from sobriety checkpoints that did not follow strict North Carolina guidelines.
Officers must follow the exact steps when administering standardized field sobriety tests. If the law enforcement officer missed a step or gave confusing directions, the test results are no longer reliable. We use dashcam and bodycam footage to show the judge exactly where the officer failed to follow the training manual. These errors can prove that the officer lacked the reasonable grounds needed to make an arrest.
Breathalyzer machines like the Intoxilyzer EC/IR II use infrared spectroscopy to measure alcohol. These machines must be cleaned and checked for accuracy on a strict schedule. We review the maintenance logs to verify whether the machine was operating properly at the time of your test. Factors such as your body temperature or acid reflux can also cause a false breath alcohol concentration reading.
Challenging the state's evidence requires a deep understanding of both law and science. We leave no stone unturned when it comes to checking the accuracy of your test results. Our aggressive defense aims to protect your driver's license and your freedom.
The three tests are the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. Officers use these to look for physical signs of impairment.
Yes, but under the implied consent law, refusing the station test leads to an automatic one-year license suspension. This happens even if you are found not guilty of DWI.
A PBT (portable breath test) is less accurate than station machines and is mostly used to establish probable cause. The numerical result is generally not admissible to prove guilt.
Yes. Conditions such as vertigo, inner ear issues, or leg injuries can disrupt your balance. Neurological issues can also cause eye jerking that looks like a fail on the HGN test.
Refusing field sobriety tests or a PBT does not trigger the automatic one-year suspension. Only refusing the evidentiary breath and blood test at the station results in that penalty.
You must wait out the suspension or win a DMV hearing to challenge the refusal. An aggressive defense attorney can help you navigate this process with the DMV.
Facing DWI cases in Mecklenburg County can be a life-changing event that threatens your career and family. You should not have to handle the criminal law system or the DMV without a professional by your side. The Olsinski Law Firm provides the high-level criminal defense you need to fight back against inaccurate science and procedural errors.
Our team understands the stress of license suspension and the fear of a misdemeanor DWI or felony DWI conviction. We are ready to review your case and find the best path forward for your specific situation. Contact a DWI lawyer at our Charlotte office today by calling 704-405-2580 to start your defense.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
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