Description

On today's podcast the NC DWI Guy explains how to use N.C.G.S. 20-16.2 to attack the admissibility of the breath test. Under the theory of implied consent, a chemical analyst (typically a law enforcement officer) can request a breath sample from a person that is legitimately charged with driving while impaired. However, there are procedural requirements prior to the officer obtaining a breath sample.  When these guidelines are not followed, you need to be ready to request suppression of the breath sample obtained.

Highlights:

• Learn how you can prove the officer did not "observe" your client during the 15 minute "observation period"
• Understand the requirement for a subsequent rights advisement if multiple types of chemical analysis are requested
• Discover the process for correctly advising the defendant of his rights related to chemical analysis
• Learn why the requirement for the officer to obtain two consecutive samples within .02 of each other is important and how this can be used to defend your client