In the case of Atkins v. Moye, 277 N.C. 179, 176 S.E.2d 789 (1970), omitting citations, it is stated:'An odor of alcohol on the breath of the driver of an automobile is evidence that he has been drinking. However, an odor, Standing alone, is no evidence that he is under the influence of an intoxicant, and the Mere fact that one has had a drink will not support such a finding. Notwithstanding, the '(f)act that a motorist has been drinking, when considered in connection with faulty driving * * * or other conduct indicating an impairment of physical or mental faculties, is sufficient Prima facie to show a violation of G.S. s 20-138.''
State v. Harrington, 78 N.C. App. 39 (1985) which states "Under our statutes, the consumption of alcohol, standing alone, does not render a person impaired. State v. Ellis, 261 N.C. 606, 135 S.E. 2d 584 (1964). An effect, however slight, on the defendant's faculties, is not enough to render him or her impaired.State v. Hairr, 244 N.C. 506, 94 S.E. 2d 472 (1956). Nor does the fact that defendant smells of alcohol by itself control. State v. Cartwright, 12 N.C. App. 4, 182 S.E. 2d 203 (1971).