results of a breathalyzer test in North Carolina

9 North Carolina opinions name it 2 courts 1971–2014 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

Case	Followed	Cited
No positive-treatment citations attached to this issue in North Carolina.

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
State v. Cooke green nc · 1967 2 sentences 1976State v. Cooke, 270 N.C. 644 , 155 S.E. 2d 165 (1967). 1976State v. Cooke, 270 N.C. 644 , 155 S.E. 2d 165 (1967).	3	1972–1976
State v. Eubanks green nc · 1973 2 sentences 1987This statute imposes two requirements which must be satisfied before the results of a breathalyzer test may be admitted into evidence: (1) the test must be “performed according to methods approved by the Commission for Health Services,” and (2) it must be performed by someone “possessing a current permit issued by the Department of Human Resources.” Id.; State v. Eubanks, 283 N.C. 556 , 196 S.E. 2d 706 , reh’g denied, 285 N.C. 597 (1973) (decided under a former version of the statute, which placed regulatory authority in the State Board of Health). 1987This statute imposes two requirements which must be satisfied before the results of a breathalyzer test may be admitted into evidence: (1) the test must be “performed according to methods approved by the Commission for Health Services,” and (2) it must be performed by someone “possessing a current permit issued by the Department of Human Resources.” Id.; State v. Eubanks, 283 N.C. 556 , 196 S.E. 2d 706 , reh’g denied, 285 N.C. 597 (1973) (decided under a former version of the statute, which placed regulatory authority in the State Board of Health).	2	1979–1987
State v. Garvick neutral ncctapp · 1990 2 sentences 2014You, members of the jury, are still at liberty to acquit the defendant if you find that his alcohol concentration was not proven to be [.08] or more .. . beyond a reasonable doubt.” Id. at 567 , 392 S.E.2d at 122 . 2014You, members of the jury, are still at liberty to acquit the defendant if you find that his alcohol concentration was not proven to be [.08] or more .. . beyond a reasonable doubt.” Id. at 567 , 392 S.E.2d at 122 .	1	2014–2014
State v. Smith green nc · 1984 2 sentences 2006In State v. Smith, 312 N.C. 361 , 323 S.E.2d 316 (1984), our Supreme Court addressed the admissibility of an affidavit setting out the results of a Breathalyzer test. 2006In State v. Smith, 312 N.C. 361 , 323 S.E.2d 316 (1984), our Supreme Court addressed the admissibility of an affidavit setting out the results of a Breathalyzer test.	1	2006–2006
State v. Martin green ncctapp · 1980 1 sentence 1989State v. Martin, 46 N.C.	1	1989–1989
Clary v. Board of Education green nc · 1974 1 sentence 1987This statute imposes two requirements which must be satisfied before the results of a breathalyzer test may be admitted into evidence: (1) the test must be “performed according to methods approved by the Commission for Health Services,” and (2) it must be performed by someone “possessing a current permit issued by the Department of Human Resources.” Id.; State v. Eubanks, 283 N.C. 556 , 196 S.E. 2d 706 , reh’g denied, 285 N.C. 597 (1973) (decided under a former version of the statute, which placed regulatory authority in the State Board of Health).	1	1987–1987
State v. Moore green nc · 1956 2 sentences 1971State v. Willard, 241 N.C. 259 , 84 S.E. 2d 899 ; State v. Moore, 245 N.C. 158 , 95 S.E. 2d 548 ; Robinson v. Insurance Co., 255 N.C. 669 , 122 S.E. 2d 801 .” In State v. Cummings, 267 N.C. 300 , 148 S.E. 2d 97 (1966), the defendant was charged with the offense of driving a motor vehicle upon the public highways while under the influence of intoxicants, and the results of a breathalyzer test administered by Captain Joseph D. 1971State v. Willard, 241 N.C. 259 , 84 S.E. 2d 899 ; State v. Moore, 245 N.C. 158 , 95 S.E. 2d 548 ; Robinson v. Insurance Co., 255 N.C. 669 , 122 S.E. 2d 801 .” In State v. Cummings, 267 N.C. 300 , 148 S.E. 2d 97 (1966), the defendant was charged with the offense of driving a motor vehicle upon the public highways while under the influence of intoxicants, and the results of a breathalyzer test administered by Captain Joseph D.	1	1971–1971
State v. Willard green nc · 1954 2 sentences 1971State v. Willard, 241 N.C. 259 , 84 S.E. 2d 899 ; State v. Moore, 245 N.C. 158 , 95 S.E. 2d 548 ; Robinson v. Insurance Co., 255 N.C. 669 , 122 S.E. 2d 801 .” In State v. Cummings, 267 N.C. 300 , 148 S.E. 2d 97 (1966), the defendant was charged with the offense of driving a motor vehicle upon the public highways while under the influence of intoxicants, and the results of a breathalyzer test administered by Captain Joseph D. 1971State v. Willard, 241 N.C. 259 , 84 S.E. 2d 899 ; State v. Moore, 245 N.C. 158 , 95 S.E. 2d 548 ; Robinson v. Insurance Co., 255 N.C. 669 , 122 S.E. 2d 801 .” In State v. Cummings, 267 N.C. 300 , 148 S.E. 2d 97 (1966), the defendant was charged with the offense of driving a motor vehicle upon the public highways while under the influence of intoxicants, and the results of a breathalyzer test administered by Captain Joseph D.	1	1971–1971
State v. Cummings green nc · 1966 2 sentences 1971State v. Willard, 241 N.C. 259 , 84 S.E. 2d 899 ; State v. Moore, 245 N.C. 158 , 95 S.E. 2d 548 ; Robinson v. Insurance Co., 255 N.C. 669 , 122 S.E. 2d 801 .” In State v. Cummings, 267 N.C. 300 , 148 S.E. 2d 97 (1966), the defendant was charged with the offense of driving a motor vehicle upon the public highways while under the influence of intoxicants, and the results of a breathalyzer test administered by Captain Joseph D. 1971State v. Willard, 241 N.C. 259 , 84 S.E. 2d 899 ; State v. Moore, 245 N.C. 158 , 95 S.E. 2d 548 ; Robinson v. Insurance Co., 255 N.C. 669 , 122 S.E. 2d 801 .” In State v. Cummings, 267 N.C. 300 , 148 S.E. 2d 97 (1966), the defendant was charged with the offense of driving a motor vehicle upon the public highways while under the influence of intoxicants, and the results of a breathalyzer test administered by Captain Joseph D.	1	1971–1971
State v. Mobley green nc · 1968 2 sentences 1971The Court, in an opinion by Justice Pless, stated: “The defendant’s objections to the results of the Breathalyzer Test are not sustained. ...” 612 In State v. Mobley, 273 N.C. 471 , 160 S.E. 2d 334 (1968), Chief Justice Parker, although holding that the testimony of Officer Krauss concerning the results of a breathalyzer test was incompetent, indirectly approved State v. Cummings, supra, and State v. Powell, supra, when he stated: “ . . . 1971The Court, in an opinion by Justice Pless, stated: “The defendant’s objections to the results of the Breathalyzer Test are not sustained. ...” 612 In State v. Mobley, 273 N.C. 471 , 160 S.E. 2d 334 (1968), Chief Justice Parker, although holding that the testimony of Officer Krauss concerning the results of a breathalyzer test was incompetent, indirectly approved State v. Cummings, supra, and State v. Powell, supra, when he stated: “ . . .	1	1971–1971
Robinson Ex Rel. Robinson v. Life & Casualty Insurance green nc · 1961 2 sentences 1971State v. Willard, 241 N.C. 259 , 84 S.E. 2d 899 ; State v. Moore, 245 N.C. 158 , 95 S.E. 2d 548 ; Robinson v. Insurance Co., 255 N.C. 669 , 122 S.E. 2d 801 .” In State v. Cummings, 267 N.C. 300 , 148 S.E. 2d 97 (1966), the defendant was charged with the offense of driving a motor vehicle upon the public highways while under the influence of intoxicants, and the results of a breathalyzer test administered by Captain Joseph D. 1971State v. Willard, 241 N.C. 259 , 84 S.E. 2d 899 ; State v. Moore, 245 N.C. 158 , 95 S.E. 2d 548 ; Robinson v. Insurance Co., 255 N.C. 669 , 122 S.E. 2d 801 .” In State v. Cummings, 267 N.C. 300 , 148 S.E. 2d 97 (1966), the defendant was charged with the offense of driving a motor vehicle upon the public highways while under the influence of intoxicants, and the results of a breathalyzer test administered by Captain Joseph D.	1	1971–1971

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 20-139.1 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 31 (1970–2024) IL 19 (1977–2025) MO 17 (1992–2019) NY 17 (1972–2019) NC 9 (1971–2014) NJ 7 (1990–2018) RI 6 (1980–1998) IN 6 (1984–1995) PA 6 (1975–2008) TX 5 (1973–1981) OK 5 (1973–2007) MA 4 (1995–2018) WV 4 (1989–2013) FL 4 (1972–1991) MN 4 (1984–1986) OR 4 (1977–1988) NH 4 (1975–2024) SC 3 (1998–2006) NM 3 (2012–2023) AK 2 (1978–2020) CA 2 (1972–1973) KS 2 (1980–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check