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If you failed a breath or blood test, do not make the mistake of thinking that your only choice is to plead guilty. Blood alcohol concentration measurements are not always accurate, and a skilled lawyer may be able to find irregularities in your tests that prevent a DWI conviction.

Based in Pitt County, the Law Office of Matthew J. Davenport offers powerful representation to those accused of drunk driving in North Carolina. Greenville DWI attorney Matt Davenport, our firm’s founder, has practiced law since 2000, first as a prosecutor and now as a defense lawyer. His ability to understand DWI cases from both sides is a valuable benefit to the firm’s clients.

When Could the Results of a Toxicology Test Be Challenged?

DWI testing is far from perfect. Inaccurate readings are more common than most people realize. Part of building a strong DWI defense involves looking for problems with breath and blood tests and challenging the evidence if such problems are found.

Among the things that we look for are:

  • Machine malfunctions: The Breathalyzer/Intoxilyzer machine may have been defective or improperly calibrated, leading to a blood alcohol content reading that was inflated.
  • Human error: The police officer who subjected you to the test may not have received proper training. Or, the officer could have made an error when he or she recorded your results. These types of errors can render the evidence inadmissible.
  • Pre-existing conditions: There are certain types of medical conditions that can influence the results of a breath test. For example, severe acid reflux can cause an overly high reading.

Breath tests are by far the most frequently used form of DWI testing in Pitt County and across North Carolina. However, blood testing is used in a variety of situations, including cases where the allegations are based on drug use instead of alcohol. Our Greenville attorney will scrutinize all the facts around your test, no matter what type you took.

Do I Have the Right to Refuse a DWI Test in North Carolina?

Anyone who drives on our state’s roads is considered to have given consent to chemical testing. Refusing a test does make it more difficult for the prosecution to prove the case. However, you must be aware that test refusal leads to an automatic 30-day driver’s license suspension, followed by a hearing that could lead to a 12-month suspension. License reinstatement may be possible, but it is not guaranteed. Talk to a Greenville Breathalyzer refusal lawyer as soon as possible if you refused a test.

Contact Matthew J. Davenport Today

To learn more about how attorney Matt Davenport can help you fight drunk driving charges, call 866-346-2985 or send us an email. The sooner you contact us, the better.