Legal Question in DUI Law in North Carolina

Obviously since you were charged - then you can be charged. If it was in NC, it was DWI not DUI. However, the question you are likely asking is what are the odds you will be convicted. Assuming, you kept your mouth shut as you are entitled to do by the constitution, you have a decent chance of getting off IF as you say - the state has no proof you were driving. Either way you need an attorney experienced in DWI law.