Intox EC/IR II breath testing in North Carolina DWI cases
Required rights, duplicate breath samples, the .02 agreement rule, instrument records and operator procedure.
The State’s evidential breath instrument
The Intox EC/IR II remains an approved evidential breath-testing instrument used in North Carolina. It is different from a roadside alcohol screening device. Testing is governed by implied-consent rights, Department of Health and Human Services regulations, analyst permits and statutory procedures.
Duplicate sequential samples
G.S. 20-139.1(b3) generally requires at least duplicate sequential breath samples. The results must not differ by more than 0.02. If they do, additional samples are taken as soon as feasible. The lower of the two consecutive qualifying results is used.
What a breath-test review includes
Relevant records may include the rights form, test ticket, observation and deprivation period, simulator or control checks, instrument maintenance history, analyst permit, sequence messages, mouth-alcohol safeguards, timing and video from the testing room.
A numerical result is important evidence, but it still must be connected to a properly administered and admissible chemical analysis. Medical conditions, residual mouth alcohol, interference, instrument messages and operator deviations require evidence-based—not speculative—review.
Frequently asked questions
Why are two breath samples required?
Duplicate sequential samples provide an agreement check. Qualifying results must be within .02, and the lower result is used.
May I call a lawyer or witness?
Yes. The statutory notice includes that right, but the process may not be delayed more than 30 minutes.
Where can instrument and permit records be checked?
North Carolina DHHS publishes maintenance and permit history through its Forensic Tests for Alcohol program.