Zero tolerance doesn’t mean the prosecution can skip proving its case. The state still needs evidence that alcohol was in your body while you were driving. That evidence may come from an alcohol screening test, breath test, blood test, officer observations, or other information gathered during the stop.
North Carolina law also places limits on what the smell of alcohol can prove by itself. Odor alone is not enough to establish the offense beyond a reasonable doubt unless testing was offered and you refused to provide the required sample.
Details that may seem minor at first can become important. What did the officer actually see? Was testing handled correctly? Does the video match what the report says?




