The officer didn’t have me take the EC/IR-II test and didn’t measure my BAC. Does that mean I can’t be found guilty of DWI?

Answer:

No. Under North Carolina law, the District Attorney can prove impairment in one of two ways. The easiest way is to offer a BAC result from a EC/IR-II test. The District Attorney can also prove “appreciable impairment,” which he could show from the officer’s observations and professional opinion. Though a case of appreciable impairment may be more difficult for the State, you can still be found guilty of DWI absent a BAC result.