Several Ways Impairment Can Be Proven | DUI/DWI Attorney | Greensboro NC

There are several ways that impairment can be proven.

 

The most typical methods used are field sobriety testing in conjunction with a test of the breath. You can be convicted based solely upon your performance on field sobriety testing. In the alternative, you can be convicted if your Blood Alcohol Content exceeds .08. A concentration of alcohol in the blood exceeding .08 is “per se” evidence of impaired driving and no other evidence need be collected as proof of impairment in North Carolina. If you appear intoxicated to the police officers and refuse or pass a portable breath test or pass the intoxilyzer test downtown, the police may seek either a urine or blood sample and if any amount of a Schedule I (see N.C.G.S. § 90-89) controlled substance or its metabolites are found, that is sufficient proof of impairment. It is important to note that these substances can exist in your blood and urine long after the effects of the Schedule I substance have worn off and even so are still sufficient to prove impairment.