State v. Shockley

WYNN, Judge.

Under N.C. Gen. Stat. § 20-139.1(b3), readings employed from chemical analyses of breath to prove alcohol concentration must be from “consecutively administered tests.” 1 Here, Defendant Alfonza Lamont Shockley challenges the trial court’s admission of the results of non-consecutive Intoxilyzer tests. Because results were obtained from two of four attempted breath samples collected within a reasonable time, we hold that the readings in this case met the “consecutively administered tests” requirement under N.C. Gen. Stat. § 20-139.1(b3).

In the early morning hours of 28 September…