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

The trial court did not err by denying the defendant’s motion to dismiss a DWI charge. Here, after the officer stopped the defendant’s vehicle, he noticed a moderate amount of alcohol coming from the defendant’s breath, the defendant had red and glassy eyes, the defendant admitting to consuming alcohol hours before, the officer noted five out of six indicators of impairment on the HGN test and the officer believed that the defendant was impaired.