Breathalyzer NC

[Slabowsky]

What is the name of your state (only U.S. law)? North Carolina
Does anyone know the laws regarding the regular testing and maintance requirements for a breathalyzer machine in North Carolina, including the thermometer, if any requirements exist?

 

[FlyingRon]

If you're facing a DUI charge, I recommend you get an attorney. This is not something you'll effectively do pro se.

You should read NC Gen. Stat 20-139.1, which covers how to protest the breath test readings. The Dept. of Health and Human services sets the standards, and the statute puts the burden of proof on YOU if you want to allege the readings are incorrect due to lack of maintenance. The case law is pretty much against you as well. If you are going to challenge this, it behooves you to understand how to determine what is and isn't acceptable evidence and/or witnesses. It's more than we can teach you in a net posting.

Further, an attorney will look at the case and attack it at more than just some imagined error in the breathalyzer.

 

[Just Blue]

If you're facing a DUI charge, I recommend you get an attorney. This is not something you'll effectively do pro se.

You should read NC Gen. Stat 20-139.1 which covers how to protest the breath test readings. The Dept. of Health and Human services sets the standards and the statute puts the burden of proof on YOU if you want to allege the readings are incorrect due to lack of maintenance. The case law is pretty much against you as well. If you are going to challenge this it behooves you to understand how to determien what is and isn't acceptable evidence and/or witnesses. It's more than we can teach you in a net posting.

Further, an attorney will look at the case and attack it at more than just some imagined error in the breathalizer.

Also...Do not drink and drive.

 

[FlyingRon]

Also...Do not drink and drive.

That's a preventative measure. I suspect that it's a little late for him now.

 

[Just Blue]

That's a preventative measure. I suspect that it's a little late for him now.

Yes. It is preventive. A "heads up" for OP so s/he is not back here in 6 months with the same issue.