In North Carolina, a DWI charge carries severe legal and personal consequences. Prosecutors rely heavily on breathalyzer results to prove intoxication, but these devices are not infallible. When breathalyzer results are inaccurate due to calibration issues, this could result in the dismissal of your Greensboro DWI case. A DWI defense lawyer at Schlosser & Pritchett can explain how this affects the outcome of the case. They will analyze every technical detail of the arrest, challenging unreliable test results that could invalidate the prosecution’s case.
Why Breathalyzer Accuracy Matters in North Carolina DWI Cases
Breathalyzer results are often presented in court as scientific proof of intoxication. Their reliability depends entirely on how well the device is calibrated, maintained, and operated. Under North Carolina General Statutes § 20-139.1, chemical analyses of breath are only admissible if performed according to approved methods and using properly functioning instruments.
A single calibration error or maintenance lapse can skew blood alcohol concentration (BAC) readings by a significant margin, enough to turn a lawful 0.07% reading into an illegal 0.08%. Because of this margin of error, defense attorneys frequently question whether the device was tested, serviced, or operated correctly at the time of the arrest.
When these questions arise, the court may require the State to produce detailed calibration and maintenance logs, along with certification records for the officer who conducted the test. If the prosecution cannot verify that the breathalyzer was in proper working condition or that the officer followed correct testing procedures, the results can be excluded from evidence.
Notably, breathalyzer accuracy determines whether the evidence against you is legally valid. A thorough examination of calibration history and testing protocols can expose procedural flaws that weaken or dismiss a Greensboro DWI case entirely.
How Breathalyzer Errors Can Lead to Case Dismissal
Breathalyzer results often serve as the foundation of a Greensboro DWI prosecution, but when those results are shown to be unreliable, the entire case can collapse. Courts in North Carolina recognize that an improperly maintained or misused device cannot produce valid evidence.
Breathalyzer devices require consistent monitoring to ensure accurate readings. When law enforcement agencies neglect these duties, it can lead to false BAC results that unfairly influence drug-impaired driving prosecutions. Some of the most frequent calibration and maintenance issues include:
- Missed Calibration Schedule – If the machine is not recalibrated on time, it can drift from accurate readings and produce unreliable test results.
- Improper Calibration Procedure – If technicians fail to follow approved procedures or use expired calibration solutions, the machine’s accuracy cannot be trusted.
- Lack of Maintenance Records – Each device must have a complete log of calibration dates, maintenance activities, and technician certifications. Missing or incomplete records can cast doubt on whether the machine was in proper working condition.
- Environmental Interference – Factors like radio frequency interference, temperature fluctuations, or electrical issues in the testing room can alter readings, especially when devices are not properly shielded or maintained.
- Software or Hardware Malfunctions – Faulty sensors, outdated software, or damaged components can all produce false BAC levels, even when the device appears to function normally.
When any of these problems occur, Greensboro DWI defense attorneys can question the admissibility of the breath test results. If the State cannot prove that the device met all required testing standards at the time of use, the court may dismiss the breath evidence and, in some cases, the entire DWI charge.
Here are several DWI defenses that can lead to a case dismissal based on breathalyzer issues:
- If the defense shows that calibration or maintenance requirements were not met, the court can suppress the breath test results entirely, leaving the prosecution without key evidence.
- Only officers certified by the North Carolina Department of Health and Human Services may administer approved breath tests. If the testing officer’s certification was expired or incomplete, the test results may be ruled inadmissible.
- Gaps or inconsistencies in how breath test records were handled can undermine their reliability and open the door to dismissal.
- Medical conditions such as diabetes or recent dental procedures can produce falsely high readings. Expert testimony can show that the results were not due to alcohol consumption.
When these defenses succeed, the breathalyzer evidence is either excluded or heavily discredited. Without credible proof of intoxication, prosecutors may be unable to prove intoxication beyond a reasonable doubt, which could dismiss the case entirely.
Seek Legal Support From a Greensboro DWI Defense Attorney Today
To dismiss a DWI case in Greensboro due to breathalyzer calibration issues depends on identifying technical and procedural errors that the State may overlook. A single calibration or maintenance mistake can make the difference between conviction and dismissal. The attorneys at Schlosser & Pritchett thoroughly investigate every aspect of a DWI arrest to ensure that unreliable evidence is exposed. Contact our DWI defense team today at 336-292-4076 to request a confidential case evaluation.
