State v. Lindsey, ___ N.C. App. ___, 791 S.E.2d 496 (Sept. 20, 2016)

An officer had probable cause to arrest the defendant for DWI. After the officer stopped the defendant’s vehicle, he smelled a moderate odor of alcohol coming from the defendant and noticed that the defendant’s eyes were red and glassy. Upon administration of an HGN test the officer observed five of six indicators of impairment. The defendant was unable to provide a breath sample for an alco-sensor, which the officer viewed as willful refusal. The defendant admitted that he had consumed three beers, though he said his last consumption was nine hours prior. The officer arrested at the defendant for DWI. The court held: “Without even considering defendant’s multiple failed attempts to provide an adequate breath sample on an alco-sensor device, we hold the trial court’s findings support its conclusion that there was probable cause to arrest defendant for DWI.”