State v. Ferrell

BECTON, Judge.

In this driving while under the influence of an impairing substance case, defendant, Paul Graham Ferrell, contends (1) that *157the relevant statute, N.C. Gen. Stat. Sec. 20-138.1(a)(2) (1983), which proscribes driving after consuming sufficient alcohol to have a blood alcohol concentration of 0.10% or more at “any relevant time after the driving,” is unconstitutional in that the statute is vague and uncertain, and in that it otherwise violates his substantive due process rights; (2) that the “results of the chemical analysis of the breath should not have been allowed into evidence…