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LEGISLATIVE 



RESEARCH COMMISSION 



SAFE ROADS ACT 




REPORT TO THE 

1989 GENERAL ASSEMBLY 

OF NORTH CAROLINA 

1989 SESSION 



A LIMITED NUMBER OF COPIES OF THIS REPORT IS AVAILABLE 
FOR DISTRIBUTION THROUGH THE LEGISLATIVE LIBRARY. 



ROOMS 2126, 2226 
STATE LEGISLATIVE BUILDING 
RALEIGH, NORTH CAROLINA 27611 
TELEPHONE: (919) 733-7778 



OR 



ROOM 500 

LEGISLATIVE OFFICE BUILDING 
RALEIGH, NORTH CAROLINA 27611 
TELEPHONE: (919) 733-9390 



TABLE OF CONTENTS 

Letter of Transmittal i 

Legislative Research Commission Membership ii 

PREFACE 1 

INTRODUCTION 4 

COMMITTEE PROCEEDINGS 8 

FINDINGS AND RECOMMENDATIONS 23 

APPENDICES 

Relevant portions of Chapter 873 of the 1987 
Session Laws authorizing the study and 
Senate Bill 509 of the 1987 
Session 34 

Membership of the LRC Committee on 

SAFE ROADS ACT 37 

Statutes and rules in North Carolina on 

Chapter 435 of the 1987 Session Laws 38 

Chapter 1101 of the 1987 Session Laws 82 

Legislative Proposal SRA-1 — A BILL TO BE ENTITLED 

AN ACT TO DECREASE THE BLOOD ALCOHOL CONCENTRATION LEVEL 

WITH RESPECT TO DRIVING WHILE IMPAIRED TO 0.08 90 

Legislative Proposal SRA-2 -- A BILL TO BE ENTITLED 

AN ACT TO INCREASE THE FINES FOR VIOLATIONS OF DRIVING 

WHILE IMPAIRED 97 

Legislative Proposal SRA-3 — A BILL TO BE ENTITLED 

AN ACT TO PERMIT THE INTRODUCTION OF THE FIRST BREATH TEST 
WHEN THE ACCUSED REFUSES TO TAKE A SECOND SEQUENTIAL TEST 
OR REFUSES TO COOPERATE IN THE PRODUCTION OF A SECOND 
SEQUENTIAL BREATH TEST 101 

Legislative Proposal SRA-4 — A BILL TO BE ENTITLED 

AN ACT TO PROHIBIT THE POSSESSION OF OPENED CONTAINERS 

OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES 103 



Legislative Proposal SRA-5 — A BILL TO BE ENTITLED 

AN ACT TO PERMIT A CONVICTION OF LEVEL FIVE DRIVING WHILE 
IMPAIRED TO BE USED AS AN AGGRAVATING FACTOR UNDER THE FAIR 
SENTENCING ACT 105 

Legislative Proposal SRA-6 — A BILL TO BE ENTITLED 

AN ACT TO ESTABLISH THE PERIOD OF LICENSE REVOCATION FOR 

PROVISIONAL LICENSEES CONVICTED OF DRIVING AFTER 

DRINKING 107 

Legislative Proposal SRA-7 — A BILL TO BE ENTITLED 

AN ACT TO REQUIRE MANDATORY REVOCATION OF LICENSE IN THE 

CASE OF HOMICIDE RESULTING FROM MOTOR VEHICLE OPERATION.... 108 

Legislative Proposal SRA-8 — A BILL TO BE ENTITLED 

AN ACT TO INCREASE THE PENALTY FOR FELONY DEATH BY 
VEHICLE AN TO MAKE INVOLUNTARY MANSLAUGHTER A LESS 
INCLUDED OFFENSE 110 

Legislative Proposal SRA-9 — A BILL TO BE ENTITLED 

AN ACT TO CLARIFY THAT JUVENILES ARE INCLUDED WITHIN 

THE CLASS OF PERSONS SUBJECT TO THE IMPLIED CONSENT 

LAWS Ill 

Legislative Proposal SRA-10 — A BILL TO BE ENTITLED 

AN ACT TO MAKE OPERATING A COMMERCIAL VEHICLE WITH MORE 
THAN 0.02 PERCENT ALCOHOL BY WEIGHT IN THE OPERATOR'S 
BLOOD THE OFFENSE OF DRIVING WHILE IMPAIRED IN COMMERCIAL 
VEHICLE 113 

Legislative Proposal SRA-11 -- A BILL TO BE ENTITLED 

AN ACT TO MAKE A BLOOD ALCOHOL LEVEL NOT EXCEEDING 0.09 

A MITIGATING FACTOR IN SENTENCING FOR DRIVING 

WHILE IMPAIRED 121 

Legislative Proposal SRA-12 -- A BILL TO BE ENTITLED 

AN ACT TO PROVIDE FOR SENTENCING PROCEDURES WHEN TWO OR 

MORE OFFENSES OF DRIVING WHILE IMPAIRED ARE SENTENCED 

TOGETHER 123 



STATE OF NORTH CAROLINA 
LEGISLATIVE RESEARCH COMMISSION 

STATE LEGISLATIVE BUILDING 

RALEIGH 27611 




December 14, 1988 



TO THE MEMBERS OF THE l l )89 GENERAL, ASSEMBLY 



The Legislative Research Commission herewith submits to 
you for your consideration its final report on the Safe Roads Act 
Study. The repoi t war, prepared by the Legislative Research 
Commission's Committee on The Sate Roads Act Study pursuant to 
Pait II, Section 2.1 of Chapter 873 of the 1987 Session Laws. 

Respectfully submitted, 




Lis ton B. Ramsey </ 




J . /j . (Monk) MarrinytoVi 



Cocha i '.men 
Legislative Research Commission 



1987-1988 
LEGISLATIVE RESEARCH COMMISSION MEMBERSHIP 



Speaker of the House of 

Representatives 
Liston B. Ramsey, Cochair 

Rep. John T. Church 

Rep. Bruce Ethridge 

Rep. Aaron Fussell 

Rep. Vernon James 

Rep. Josephus Mavretic 



President Pro Tempore of 

the Senate 
J. J. Harrington, Cochair 

Senator Henson P. Barnes 

Senator A. D. Guy 

Senator R. L. Martin 

Senator James Richardson 

Senator Lura Tally 



1 1 



PREFACE 

The Legislative Research Commission, established by Article 
6B of Chapter 120 of the General Statutes, is a general purpose 
study group. The Commission is co-chaired by the Speaker of the 
House and the President Pro Tempore of the Senate and has five 
additional members appointed from each house of the General 
Assembly. Among the Commission's duties is that of making or 
causing to be made, upon the direction of the General Assembly, 
"such studies of and investigations into governmental agencies 
and institutions and matters of public policy as will aid the 
General Assembly in performing its duties in the most efficient 
and effective manner" (G.S. 120-30.17(1)). 

At the direction of the 1987 General Assembly, the 
Legislative Research Commission has undertaken studies of 
numerous subjects. These studies were grouped into broad 
categories and each member of the Commission was given 
responsibility for one category of study. The Co-chairs of the 
Legislative Research Commission, under the authority of G.S. 
120-30. 10(b) and (c), appointed committees consisting of members 
of the General Assembly and the public to conduct the studies. 
Co-chairs, one from each house of the General Assembly, were 
designated for each committee. 

The study of The Safe Roads Act was authorized by Part II, 
Section 2.1 of Chapter 873 of the 1987 Session Laws (1987 
Session). That act states that the Commission may consider 



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Senate Bill 509 in determining the nature, scope and aspects of 
the study. Section 1 of Senate Bill 509 reads in part: 



"The Legislative Research Commission may study modifications 
to the Safe Roads Act. The study should include the proposed 
modifications to the Safe Roads Act contained in the following 
bills introduced during the 1987 Session of the General Assembly: 
(a) SB218 Intoxication Level For Class A Drivers. 
DWI Civil License Revocation. 
Felony Death by Vehicle Punishment. 
Murder by Vehicle-Permanent Revocation. 
DWI-License Revocation Period. 
Revoke Limited Driving Privilege. 
Juveniles-Implied Consent Law. 
The study may include a review of any other proposed 
modifications to the Safe Roads Act considered relevant to the 
study by the Legislative Research Commission." 



(b) SB509 

(c) SB547 

(d) SB595 

(e) SB596 

(f) SB598 

(g) SB599 



The relevant portions of Chapter 873 and Senate Bill 509 are 
included in Appendix A. The Legislative Research Commission 
grouped this study in its State Regulation area under the 
direction of Senator Henson P. Barnes. The Committee was chaired 
by Senator Ollie Harris and Representative Dennis A. Wicker. The 
full membership of the Committee is listed in Appendix B of this 
report. A committee notebook containing the committee minutes 



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and all information presented to the committee is filed in the 
Legislative Library. 



INTRODUCTION 

For more than fifty years the General Assembly has been 
grappling with the problem of drivers who operate their vehicles 
on the highways of this state while under the influence of 
alcohol or drugs. 

As early as 1937, the Motor Vehicle Act of 1937 made it illegal 
to drive a vehicle on the roads and highways of this state while 
under the influence of intoxicating liquor. Back then there were 
no reliable blood-alcohol or drug tests, so the arresting officer 
had to prove that the driver had violated the law with objective 
observations and descriptions of the driver's performance: 
driving erratically, staggering and slurring speech during the 
field sobriety tests, and the smell of an alcoholic beverage on 
his breath . 

In 1963, the General Assembly added the implied consent 
statutes requiring a driver to submit to a blood-alcohol test or 
to face a revocation of his driver's license (G.S. 20-16.2). 
That year, the General Assembly also added a statute making a 
blood-alcohol content of 0.10 percent or more by weight a legal 
presumption that the driver was driving his vehicle while under 
the influence of liquor. 

In 1973, the General Assembly made it illegal to operate a 
motor vehicle with a blood-alcohol content of more than 0.10 
percent by weight. This was a significant change since it 
changed the rebuttable, and often successfully rebutted, 
presumption created in 1963 that the driver was under the 



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influence to a new crime where the requisite alcohol in the blood 
was all that was needed to convict the defendant. This made 0.10 
percent by weight of alcohol in the blood "per-se" driving while 
impaired rather than a presumption of driving under the 
influence . 

Statistical studies of the results of the changes in the law in 
1973 indicated that, if the General Assembly had desired more 
drivers to be apprehended and convicted of drunk driving, then 
the changes were not effective. The conviction rates remained 
more-or-less constant while the indicators that there were more 
vehicles on the road driving more miles showed that motor vehicle 
usage was increasing greatly. Logically more drivers were on the 
roads then there were more drivers driving drunk. The changes in 
the law did not enhance convictions for driving while impaired 
because judges, prosecutors, and juries were lenient with regard 
to traffic offenses in general, and were especially lenient in 
cases of driving while impaired. 

Around 1982, the issue of drunk drivers began to heat up. 
Organizations such as Mothers Against Drunk Drivers began to 
raise public awareness of the personal injuries and property 
damage caused by drivers operating their vehicles while impaired 
on the roads and highways of North Carolina and the nation. A 
report was developed by Governor Hunt's Crime Commission focusing 
on the changes needed in the law and practice to enhance the 
enforcement of the drunk driving statutes. These changes were 
designed to increase the likelihood that a drunk driver would be 



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convicted and therefore that he would be subject to the controls 
of the criminal justice system: being punished for driving 
drunk; being deterred from driving drunk in the future; and being 
rehabilitated when that was possible. Governor Hunt appointed a 
broad-based Governor's Task Force on Drunken Drivers which held 
public hearings across the state and drafted a legislative 
package for consideration by the 1983 Session of the General 
Assembly. This package was ultimately passed, after much debate 
as the Safe Roads Act of 1983. ' 

The Safe Roads Act was reconsidered by the General Assembly in 
1984 when several modifications and clarifications were made to 
respond to the comments of practitioners and commentators who 
became familiar with the Safe Roads Act after it was put into 
effect . 2 

Statistics showed that the Safe Roads Act of 1983 was a success 
in raising the incidence of the apprehension of drunk drivers, 
the frequency of the conviction of drunk drivers, and in 
deterring drivers from operating their vehicles after having 
consumed alcoholic beverages. While the percentage of drivers 
being convicted of driving while impaired increased dramatically, 
the number of apprehensions for drunk driving decreased 
dramatically. The passage of the Safe Roads Act heightened 
public awareness of the likelihood of being caught and punished 
for drunk driving. This helped get the drinking driver off the 



lChapter 435 of the 1983 Session Laws (See Appendix C) 
2Chapter 1101 of the 1983 Session Laws (See Appendix D) 



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Load, thereby decreasing the level of personal injuries and 
property damage associated with driving while impaired. 

Statistics have shown that there was a leveling off of the 
effectiveness of the Safe Roads Act of 1983. During the 1987 
Session of the General Assembly several bills were introduced to 
close loopholes discovered in the language and application of the 
Act. These bills were consolidated in a bill introduced by 
Senator Ollie Harris and became the foundation for this study. 3 
Several other bills relating to driving motor vehicles and 
consuming alcohol were referred to this Study during the 1988 
Session of the General Assembly so that the Study Committee 
create a comprehensive and coordinated package of suggested 
reforms of the Safe Roads Act of 1983. 

The amendments and reforms should be considered as "fine 
tuning" the Safe Roads Act of 1983 rather than an unnecessary 
rewrite of this very effective piece of legislation. 4 



3Senate Bill 509 (See Appendix A). 

4For more information on the history of the Safe Roads Act see 
the articles from "Popular Government" by Ben Loeb, Jr. and L. 
Poindexter Watts, and the Law Review Note:" State v. Fields , The 
Definition of Driving Under the North Carolina Safe Roads Act" 
contained in the official Committee proceedings on file in the 
Legislative Library. 



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COMMITTEE PROCEEDINGS 

The Safe Roads Act Study Committee held eight meetings during 
its deliberation of the subject matter of the study. These 
meetings included five public hearings, two in Raleigh, and one 
each in Asheville, Winston-Salem, and Wilmington. The Committee 
solicited input from members of the public as to how to enhance 
the effectiveness of the Safe Roads Act. 

November 24, 1987. 

The first meeting of the Committee was held in Raleigh on 
November 24, 1987. At that meeting, the Committee heard from 
John H. Lacey, the Program Manager-Alcohol Studies, for the 
University of North Carolina Highway Safety Research Center which 
conducts an ongoing study of highway safety and the effectiveness 
of the Safe Roads Act. His presentation showed that a primary 
public concern prior to the enactment of the Safe Roads Act of 
1983 was that the drunk driving laws were not being administered 
fairly in the courts. 

His presentation provided the following comparisons of 
conviction rates before and after the enactment of the Safe Roads 
Act: 



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TYPE OF CONVICTION BEFORE S.R.A. AFTER S.R.A. 

Driving While Impaired 59% 68% 

Driving with 0.10 or more 72% 91% 

blood-alcohol 

Mr. Lacey stated that statistics show that the Safe Roads Act 
is an effective law. The number of alcohol related crashes 5 has 
decreased by some 28% from 1982 to 1986. The statistics showed 
that there was a dramatic decrease in the number of alcohol 
related crashes at about the time of the enactment of the Safe 
Roads Act and then again when it became effective. Since the 
effective date of the Safe Roads Act there has been a constant, 
but far less dramatic, decrease in alcohol related crashes. 

Mr. Lacey was questioned about the "leveling off" of the 
effectiveness of the Safe Roads Act and he, and general 
discussion by the Committee, indicated that public awareness was 
highest when the Act was being debated in the General Assembly 
and then again when the Act became effective and that the public 
has perhaps grown accustomed to the Act's provisions and criminal 
defense attorneys have learned to practice under the law and use 
its ambiguities or loop-holes for the benefits of their clients. 

When questioned, Mr. Lacey indicated that an effective tool to 
heighten public awareness of drunk driving was the wide-spread 
use of checkpoints and/or roadblocks, authorized by G.S. 
20-16. 3A, that would create the impression that the detection of 



5The reported statistic on which the effectiveness of the Safe 
Roads Act is measured. 



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driving while impaired and the apprehension of those people was 
unavoidable . 

The Committee next heard from Ward Purrington, Governor 
Martin's Liaison Officer. He suggested that the Committee 
consider : 

1. Public awareness. 

2. Enforcement of the law. 

3. The effectiveness of the sanctions which the law 
imposes . 

The Committee next heard from Clyde Cook, Assistant 
Commissioner, Division of Motor Vehicles. He addressed the 
Committee concerning the federal motor safety carrier regulations 
which would lower the presumptive blood-alcohol level for driving 
a commercial vehicle while impaired from 0.10 to 0.04 percent by 
weight . 

January 15, 1988. 

The Committee held its first public hearing at Raleigh. 

The first speaker was Joe Lennon, President of the Christian 
Action League of North Carolina. He presented three 
recommendations to he considered by the Committee: 

1. Prohibit open beer containers in motor vehicles. 

2. Administrative revocation of a driver's license 
upon conviction of driving while impaired: 30 days 



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active revocation and 60 days limited driving 
pr i vi leges . 
3. Conviction for driving while impaired should be a 
felony if a minor was in the vehicle. 

The Committee next heard from Frances Wells, President of the 
North Carolina Chapter of Mothers Against Drunk Driving. She 
presented the Committee with the M.A.D.D. position on the Safe 
Roads Act. Along with numerous specific recommendations/' 
M.A.D.D. 's position is that the Safe Roads Act has been effective 
but that it is sometimes weakened in the court system. 

The Committee then heard from Becky Bowman, President of the 
Wake County Chapter of M.A.D.D. who amplified and discussed the 
recommendations presented by Frances Wells. 

Nancy Wells was then recognized to speak on behalf of Students 
Against Driving Drunk. She outlined the program as being an 
advocacy organization of young people whose purpose was to help 
combat drunk driving. 

Clyde Cook, Assistant Commissioner, Division of Motor Vehicles, 
described the enforcement program to detect truck drivers who 
were driving impaired. He stated that there was an extremely 
effective, immediate 24-hour out-of-se rvice penalty when a driver 
was discovered operating a truck while under the influence of 
alcohol . 

Ward Purrington notified the Committee that the Governor's 
Highway Safety Commission was going to conduct public hearings 

6Copies of these recommendations can be found in the Committee 
notebook on file in the legislative library. 



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across the state on drunk driving and invited the Committee 
members to attend. 

The Committee Counsel was then recognized and gave a brief 
description of the bills that had been introduced in the 1987 
session which formed the basis for the deliberations of the 
Commi ttee . 

February 19, 1988. 

The Committee held its next public hearing in Asheville, in the 
auditorium of the Owen Center on the campus of UNC-Ashevi lie . 

The first speaker was Judith Major, the coordinator of the DWI 
program at the Blue Ridge Center in Asheville. She told the 
Committee that Buncombe County was one of the ten pilot counties 
chosen for an Alcohol and Drug Education Traffic School (ADETS) 
created by Senate Bill 508 passed by the 1987 General Assembly. 
She indicated that the most effective sanctions against persons 
who would drive drunk are those that are certain, severe, and 
swift. She made the following recommendations to the Committee: 

1. Prohibit open alcoholic beverage containers in 
motor vehicles. 

2. Make jail sentences for repeat offenders longer 
and do not allow them to be served at the 
convenience of the defendant. 

3. Reduce the allowable level of alcohol allowed in a 
pe r son ' s blood . 



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4. Establish more severe license suspension laws and 
do away with limited driving privileges. 

Ms. Major described the curriculum of the ADETS and said that 
the subject matter taught in the school is adequate and that the 
hours required should not be shortened. 

The Committee next heard from Frank Hopkins, from the Christian 
Action League, who said he agreed with the recommendations made 
by Ms . Major . 

The next speaker was Dennis Moore, a pharmacologist and 
Director of Woodhill, a private alcohol and drug treatment center 
in Asheville, who said that studies showed that more than 80% of 
those convicted of driving while impaired were alcoholics and 
that more attention and resources should be directed to the 
treatment of alcoholics, to awareness programs for youth to 
prevent them from becoming alcoholics, and that all persons 
convicted of driving while impaired should be screened for drug 
abuse . 

March 25, 1900. 



The next public hearing was held in Winston-Salem in the RJR 
Business and Economics Building on the campus of Winston-Salem 
State University. 

Twenty-six speakers, including concerned citizens, 
representatives of trauma centers and representatives of 



13- 



rehabilitation centers, were heard. They presented many varied 
proposals for the Committee's consideration. 

Judge William Z. Wood, Sr., Senior Resident Judge of the 
Superior Court for the 21st Judicial District, said that the 
present laws were unnecessarily complicated and cumbersome and 
that they needed to be amended to make them simple and to close 
loopholes . 

Warren Sparrow, District Attorney of the 21st Prosecutorial 
District, showed the forms that were required to be completed 
during the prosecution of a driving while impaired case and to be 
used in the seizure of a vehicle used in an offense. He called 
for the Committee to act to simplify the administration of the 
Safe Roads Act . 

September 9, 1988. 

The Committee held the next public hearing in the new County 
Commissioner's Room located in the New Hanover County Courthouse 
in Wi lmington . 

Jo Williams, Jackson Beverage Company (Anheuser-Busch 
Distributor) described the programs which the beer distributor 
had implemented to prevpnt drunk driving. They included: "Tips," 
"Alert Cab," "I'm Driving," "Know When to Say When," and S.A.D.D. 7 

John Webb, Substance Abuse Director at Southeastern Mental 
Health Center in Wilmington, indicated that he feels there is a 

7Full descriptions of these programs are contained in the the 
Committee notebook on file in the Legislative Library. 



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need for education and an even greater need for a comprehensive 
treatment program for DWI offenders. 

Bryan Ipock, a bail bondsman from New Bern, spoke to the 
problem of the length of time it takes to process a person 
arrested for driving while impaired. He said that some cases are 
continued for more than a year and that expedited trials would 
take the drunk drivers off the road sooner. 

Josie Montgomery, representing the Christian Action League and 
the Women's Christian Temperance Union, called for the passage of 
two bills: one to enhance anti-alcohol education and prevention 
of driving while impaired through increased education in the 
public schools and one to prohibit open containers of been in 
motor vehicles. 

October 14, 1988 

The final public hearing was held in Raleigh. 

LtCol W. D. Teem, Executive Officer, North Carolina Highway 
Patrol addressed the Committee and explained that the Safe Roads 
Act was working. He told the Committee that the Highway Patrol 
would need in excess of 300 new troopers to bring the relative 
strength of the Patrol to where it was in 1967 when comparing the 
number of troopers to the number of motor vehicles registered in 
the state and number of miles driven by motor vehicles in the 
state . 



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He told the Committee that it takes approximately two hours to 
process a person arrested for driving while impaired. He also 
suggested streamlining the forms that must be completed by the 
arresting officer indicating that many of the forms require the 
same information to be entered repeatedly. He said that all of 
the forms were required by the statutes and rules which governed 
the processing of a person arrested for driving while impaired. 

Ron Stevens, District Attorney from Durham represented the 
North Carolina Conference of District Attorneys in making a 
presentation to the Committee. He recommended that: 

1. The per se blood alcohol level for driving while 
impaired should be reduced from 0.10 to 0.08 
alcohol by weight. 

2. Admit the results of the first breathalyzer when 
the second test is refused. 

3. Increase the penalty for death by vehicle. 

4. Let the judge be the one to make the decisions on 
punishment in individual cases. 

5. Do not allow prayers for judgment continued in DWI 
cases . 

6. At the time of a current DWI offense being 
sentenced, other pending DWI cases should be 
considered statutory aggravating factors. 

Debette Sibley of Richmond County, who organized the first 
M.A.D.D. chapter in North Carolina, called for: 
1. More and better magistrates. 



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2. A minimum fine of $1,000 for a first offense DWI . 

3. Lowering the per se blood alcohol level for 
driving while impaired to 0.08 blood alcohol by 
weight . 

4. Woik release granted on an equal basis. Persons 
on work release for DWI should wear a distinctive 
uniform to clearly identify them. 

5. Offenders on work release should not be given a 
drivers license or limited driving privileges. 

Frances Wells, President of the North Carolina Chapter of 
Mothers Against Drunk Driving, addressed the Committee and 
reminded the members of the suggestions that had been made to the 
Committee at its second meeting. 

Heather Register of Winston-Salem, representing NC-AID, 
addressed the Committee and reminded the members of the 
suggestions that had been made to the Committee at its second 
meeting and at the Winston-Salem public hearing. 

Mildred Scott, who lost her husband in an accident caused by a 
drunk driver, called for the Committee to take some action to 
insure the rights of victims of drunk drivers. She asked that 
the loopholes in the Safe Roads Act be closed and that victims be 
included in the recently passpd victim Bill of Rights. 

Ann Esch, Court Watch Chairman of North Carolinians Against 
Impaired Drivers, addressed the Committee and reminded the 
members of the suggestions that had been made to the Committee at 
its second meeting and at the Winston-Salem public hearing. 



17 



Joe Lennon, President of the Christian Action League, addressed 
the Committee and reminded the members of the suggestions that 
had been made to the Committee at its second meeting. 

Ann Christian, Executive Director of the N.C. Academy of Trial 
Lawyers, addressed the Committee and asked that the Safe Roads 
Act not be amended so that the individual rights of the 
defendants be sacrificed to the desire to convict all drunk 
drivers without considering the individual circumstances of each 
case . 

Paul B. Jones of the Governor's Highway Safety Commission, 
presented the Committee with the final report of the Commission's 
consideration of the Safe Roads Act. He indicated that the 
report had been transmitted to the Secretary of Transportation 
for his review and proposed implementation of the suggestions, 
but that none of the recommendations of the Commission had been 
approved by the Governor. 

The Committee then discussed a list of proposed legislative 
initiatives created by the Committee Counsel from the 
recommendations made up to this point. The list that was 
considered i s : 

1. Establish .04 as conclusive proof of impaired 
driving . 

2. Five year revocation of drivers' license for 
complete refusal of breathalyzer. 

3. Admit results of first breathalyzer when the 
second test is refused. 

4. Increase initial civil revocation from 10 days to 
30 days, and in cases of death or injury revoke 
the license until after final disposition of the 
case in cou r t . 



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5. Mandatory breath, blood, or urine test in cases 
involving death or injury. 

6. At the time of arrest, the vehicle being operated 
should be impounded and be held until final 
disposition of case. 

7. Make license revocation immediate upon revocation 
in District Court. 

8. Increase penalty for felony death by vehicle to 15 
years (Class C Felony). 

9. Mandatory that Superior Court judge impose the 
same judgment and punishment, at a minimum, that 
was given in District Court when a case is 
appealed, a trial de novo is held, and the 
defendant is again convicted. 

10. Revoke license for DWI and for driving by 
provisional licensee after consuming alcohol or 
drugs when prayer for judgment continued is given 
by cour t . 

11. Ban all open containers of alcohol from passenger 
areas . 

12. Mandatory bumper sticker to identify DWI offenders 
with limited driving permits. Limited driving 
privilege st i eke r s— color coded--with the letters 
"LDP" to be placed on the license plate. 
Mandatory for first offenders. 

13. Include DWI victims in recent legislation entitled 
"Victim's Bill of Rights." 

14. (a) First offender's drivers' privileges revoked 
for one yea r . 

(b) Second offender's drivers' privileges revoked 
for three years. 

(c) Third offender's drivers' privileges revoked 
permanently . 

15. (a) First offender have no limited privileges. 

(b) Second offender fine of $3,000.00. 

(c) Third offense mandatory vehicle confiscation 
and sale of vehicle. 

16. (a) Fine of $1,000.00 for first offender. 

(b) Fine of $3,000.00 for second offense to go 
into a drinking driver fund for DWI victims, 
education, and treatment. 



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(c) Third offense, mandatory 28-day treatment to 
be included in a two-year sentence. The treatment 
must be taken in a state-operated facility. 

17. A special effort must be made to make the laws 
simple and direct. 

18. Refusal of blood, urine, or breath test mandatory 
five-year revocation of drivers' privilege. 

19. No prayer for judgment continued for any DWI 
of f ende r . 



20 



21 



22 



23 

24. 

25. 
26. 
27. 

28. 



The age of any person who sells or delivers any 
alcoholic beverage to be at least twenty-one (21) 
yea r s of age . 

The license fee for any alcohol outlet be 

increased to $1,000.00 per year. The funds 

derived from these fees should be used to support 
alcohol law enforcement. 

The Clerk of Court of each county be required to 
publish a paid legal notice, in the local 
newspaper and post it at the courthouse each week 
with the final disposition of each DWI Case in a 
set form to include at least the name, age, 
address, blood alcohol content, penalty, or reason 
for dismissal of the person charged, the date of 
offense, disposition date, court judge, and 
District Attorney prosecuting. 

A mandatory block of instruction in the schools 
both public and private to educate our young 
people on alcohol. This education should begin at 
kindergarten and continue through the 12th grade. 

Renewed emphasis by Driver Education teachers, 
could stress the importance of the student's 
responsibility to be a safe and sober driver. 

Have more random road checks on the main roads. 



Rai se 



driver's license age from 16 to 18 years 



Establish minimum security prisons solely for DWI 
offenders. Treatment programs at the facilities. 

Level 5 is not, but should be, an aggravating 
factor according to Fair Sentencing Act laws. The 
law requires a sentence in excess of 60 days to be 
counted as a prior conviction in Felony cases. 



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29. At the time of a current DWI offense being 
sentenced, the defendant has another DWI offense 
pending in the court system — the pending DWI is to 
be considered a statutory aggravating factor. 
This should include any pending DWI in the State 
as defendants often have multiple DWI charges 
pending in different counties. 

30. Remove slight impairment of the defendants's 
faculties resulting solely from alcohol and an 
alcohol concentration that did not exceed 0.11 at 
any relevant time after driving (G.S. 20-179(e)) 
as a mitigating factor. 

31. Require District Court judges to state in writing 
the reason for a Not Guilty Verdict especially 
when the BAC is 0.10 or above. 



32. Lower the presumptive BAC level to 0.08. 

33. Curb excessive, frivolous, continuances designed 
to keep the driver on the road in most instances, 
by restricting the number of continuances allowed 
by law or revoke the driver's license until the 
case goes to trial. 



34. Define "excessive user of alcohol or drugs" 
found in G.S. 20-19(d) and G.S. 20-19(e). 



as 



35. Substance abuse assessment — if the driver is found 
to have abuse problems with alcohol or other 
drugs--the Division of Motor Vehicles must 
investigate prior to reinstating the driver's 
1 i cense . 

36. A special victim's bill of rights for victims of 
DWI based on the President's Task Force on Victims 
of Crime, Final Report, December, 1982. 



The staff was directed to consult with the cochairmen of 
the Committee and to bring back to the Committee at its next 
meeting proposals and recommendations based on the Committee's 
deliberations for discussion and approval. 



•21- 



November 10, 1988 



The Committee met for a working session at which the draft 
report with the findings and recommendations brought back to the 
Committee by the staff were reviewed, modified, and preliminarily 
approved . 



November 18, 1988 



The Committee met and approved the final report for submission 
to the Legislative Research Commission for transmittal to the 
General Assembly. 



■22- 



FINDINGS AND RECOMMENDATIONS 

A. PROPOSALS WITH LEGISLATION — 

FINDING-1 : THE COMMITTEE FINDS THAT THE PRESENT LEVEL OF BLOOD 

ALCOHOL FOR CONVICTION OF DRIVING WHILE IMPAIRED IS TOO HIGH AND 

SHOULD BE REDUCED FROM 0.10 PERCENT BY WEIGHT TO 0.08 PERCENT BY 
WEIGHT. 

RECOMMENDATION-1 : THAT THE ATTACHED DRAFT SRA-1 BE ENACTED INTO 
LAW REDUCING THE ALLOWABLE BLOOD ALCOHOL LEVEL FROM 0.10 PERCENT 
BY WEIGHT TO 0.08 PERCENT BY WEIGHT. 



FINDING-2 : THE COMMITTEE FINDS THAT THE FINES FOR THE DIFFERENT 
LEVELS OF PUNISHMENT FOR DRIVING WHILE IMPAIRED OFFENSES SHOULD 
BE INCREASED TO ENHANCE THEIR DETERRENT EFFECTS. 

RECOMMENDATION-2 : THAT THE ATTACHED DRAFT SRA-2 BE ENACTED INTO 

LAW PROVIDING FOR THE FOLLOWING MINIMUM AND MAXIMUM FINES FOR THE 

DIFFERENT LEVELS OF PUNISHMENT UNDER THE DRIVING WHILE IMPAIRED 
STATUTES. 



-23- 



LEVEL PRESENT MINIMUM MAXIMUM 

1 $2,000 $3,000 $5,000 

2 $1,000 $2,000 $4,000 

3 $500 $1,000 $2,500 

4 $250 $500 $2,000 

5 $100 $250 $500 



FINDING-3 : THE COMMITTEE FINDS THAT SINCE THE SEQUENTIAL BREATH 
TESTS ARE FOR THE BENEFIT OF THE ACCUSED IN INSURING THE ACCURACY 
OF THE BREATHALYZER READINGS, THAT A REFUSAL BY A ACCUSED TO 
PROVIDE A SECOND SEQUENTIAL BREATH SAMPLE SHOULD NOT PREVENT THE 
INTRODUCTION OF THE RESULT OF THE FIRST TEST AND THAT ALL RESULTS 
OF BREATHALYZER TESTS SHOULD BE FORWARDED TO THE COURT. 

RECOMMENDATION- 3 : THAT THE ATTACHED DRAFT SRA-3 BE ENACTED INTO 
LAW TO PERMIT THE INTRODUCTION OF THE FIRST BREATH TEST WHEN THE 
ACCUSED REFUSES TO TAKE A SECOND SEQUENTIAL TEST. 



FINDING-4 : THE COMMITTEE FINDS THAT OPEN CONTAINERS OF 
SPIRITUOUS LIQUOR AND FORTTFTEO WINES ARE CURRENTLY PROHIBITED 
FROM THE PASSENGER AREA OF MOST MOTOR VEHICLES BY G.S. 18B-401(a) 
AND THAT THIS PROHIBITION SHOULD BE EXPANDED TO INCLUDE OPEN 
CONTAINERS OF MALT BEVERAGES AND UNFORTIFIED WINES. 



-24- 



RECOMMENDATION-4 : THAT THE ATTACHED DRAFT SRA-4 BE ENACTED INTO 
LAW TO PROHIBIT THE POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC 
BEVERAGES FROM THE PASSENGER AREAS OF MOST MOTOR VEHICLES. 



FINDING-5 : DUE TO THE CONFINEMENT PORTION OF ANY PUNISHMENT FOR 
LEVEL FIVE PUNISHMENT BEING LIMITED TO "NOT MORE THAN 60 DAYS" A 
CONVICTION FOR LEVEL FIVE DRIVING WHILE IMPAIRED CANNOT BE USED 
FOR PUNISHMENT ENHANCEMENT UNDER THE FAIR SENTENCING ACT. 

RECOMMENDATION-5 : THAT THE ATTACHED DRAFT SRA-5 BE ENACTED INTO 
LAW TO PROVIDE THAT THE CONFINEMENT LIMITATION FOR LEVEL FIVE 
DRIVING WHILE IMPAIRED PUNISHMENT BE INCREASED TO NOT MORE THAN 
61 DAYS SO THAT A CONVICTION FOR LEVEL FIVE DRIVING WHILE 
IMPAIRED CAN BE USED TO ENHANCE PUNISHMENT UNDER THE FAIR 
SENTENCING ACT. 



FINDING-6 : THERE IS CONFUSION AS TO THE LENGTH OF TIME A 
PROVISIONAL LICENSEE'S LICENSE CAN BE REVOKED AS A RESULT OF 
DRIVING WHILE IMPAIRED OR AS A RESULT OF VIOLATING THE IMPLIED 
CONSENT LAW. THE CURRENT STATUTE, WHICH LIMITS ANY REVOCATION 
UNTIL THE PROVISIONAL LICENSEE IS 18 YEARS OF AGE, WOULD ALLOW A 
PERSON 17 YEARS AND 51 WEEKS TO HAVE HIS LICENSE REVOKED FOR ONLY 
ONE WEEK, NOT EVEN PERMITTING THE ADMINISTRATIVE ACTION TO BE 
COMPLETED BEFORE THE LICENSE MIGHT BE REINSTATED. 



-25- 



RECOMMENDATION-6 : THAT THE ATTACHED DRAFT SRA-6 BE ENACTED INTO 
LAW TO PROVIDE THAT THE REVOCATION OF A PROVISIONAL LICENSEE'S 
LICENSE WOULD BE AT LEAST 45 DAYS IN LENGTH. 



FINDING-7 : AT PRESENT G.S. 20-17(1) WHICH REQUIRES MANDATORY 
REVOCATION OF A DRIVERS LICENSE BY THE DIVISION ONLY SPECIFICALLY 
REFERS TO MANSLAUGHTER OR NEGLIGENT HOMICIDE AS SPECIFIC GROUNDS 
FOR THE REVOCATION OF THE LICENSE, AND WHILE SUBDIVISION 3 OF 
THAT STATUTE REFERS TO ANY FELONY IN THE COMMISSION OF WHICH A 
MOTOR VEHICLE IS USED, IT IS NECESSARY TO CLARIFY THAT VEHICULAR 
MURDER, IN THE FIRST OR SECOND DEGREE, WOULD MANDATE THE 
REVOCATION OF THE CONVICTED DEFENDANT'S DRIVERS LICENSE. 

RECOMMENDATION-7 : THAT THE ATTACHED DRAFT SRA-7 BE ENACTED INTO 
LAW TO PROVIDE THAT CONVICTION OF ANY HOMICIDE INVOLVING A MOTOR 
VEHICLE WOULD BE GROUNDS FOR MANDATORY REVOCATION OF THE 
DEFENDANT'S DRIVERS LICENSE. 



FI NDING- 8: IN CURRENT LAW, G.S. 2 0- 1 4 1 . 4 ( a 1 ) , IT IS NOT CLEAR 
THAT INVOLUNTARY MANSLAUGHTER UNDER G.S. 14-18 MAY BE CONSIDERED 
A LESSER INCLUDED OFFENSE OF FELONY DEATH BY VEHICLE WHEN 
IMPAIRED DRIVING IS A FACTOR BUT HAS NOT BEEN PROVEN TO BE THE 
PROXIMATE CAUSE OF THE DEATH INVOLVED. THE STATUTE SHOULD BE 



-26- 



AMENDED TO EXPLICITLY INDICATE THAT INVOLUNTARY MANSLAUGHTER CAN 
BE CONSIDERED A LESSER INCLUDED OFFENSE OF FELONY DEATH BY 
VEHICLE. IN ORDER FOR THE CRIME CARRYING THE MORE SERIOUS 
PUNISHMENT (INVOLUNTARY MANSLAUGHTER, CLASS H FELONY, PRESUMPTIVE 
SENTENCE OF 3 YEARS) TO BE INCLUDED IN THE CRIME CARRYING THE 
LESS SERIOUS PUNISHMENT (FELONY DEATH BY VEHICLE, CLASS I FELONY, 
PRESUMPTIVE SENTENCE OF 2 YEARS), THE PUNISHMENT FOR FELONY DEATH 
BY VEHICLE SHOULD BE INCREASED TO A CLASS G FELONY WHICH CARRIES 
A PRESUMPTIVE SENTENCE OF 4 1/2 YEARS IMPRISONMENT. 

RECOMMENDATION-8 : THAT THE ATTACHED DRAFT SRA-8 BE ENACTED INTO 
LAW TO INCLUDE INVOLUNTARY MANSLAUGHTER AS A LESSER INCLUDED 
OFFENSE OF FELONY DEATH BY VEHICLE AND TO CHANGE FELONY DEATH BY 
VEHICLE FROM A CLASS I FELONY TO A CLASS G FELONY. 



FINDING-9 : THERE IS SOME CONFUSION AS TO WHETHER OR NOT THE 
IMPLIED CONSENT LAWS APPLY TO JUVENILES DRIVING MOTOR VEHICLES. 
SINCE THOSE JUVENILES WHO DO NOT HAVE DRIVER'S LICENSES CANNOT BE 
"CHARGED," IN THE TERMS USED IN THE SAFE ROADS ACT, WHILE SUBJECT 
TO THE JUVENILE PROCESSING PROCEDURES, THE SAFE ROADS ACT MUST BE 
AMENDED TO INDICATE THAT A JUVENILE WHO IS TREATED IN THE SAME 
MANNER AS AN ADULT IS "CHARGED" AND THAT HIS NAME WILL BE CODED 
SO THAT WHEN HE APPLIES FOR A DRIVERS LICENSE, THE APPROPRIATE 
SUSPENSION WILL BE ENFORCED. 



-27- 



RECOMMENDATION-9 : THAT THE ATTACHED DRAFT SRA-9 BE ENACTED INTO 
LAW TO CLARIFY HOW THE SAFE ROADS ACT AND IMPLIED CONSENT LAWS 
APPLY TO JUVENILES DRIVING MOTOR VEHICLES AND TO PROVIDE THE 
PROCEDURE FOR THE PROCESSING OF THE DRIVING RECORDS OF JUVENILE'S 
ARRESTED FOR IMPLIED CONSENT OFFENSES. 



FINDING-10 : THE GENERAL ASSEMBLY ENACTED CHAPTER 1112 OF THE 
1987 SESSION LAWS CREATING THE OFFENSE OF IMPAIRED DRIVING IN A 
COMMERCIAL VEHICLE. THAT STATUTE WILL BECOME EFFECTIVE ON JUNE 
1, 1989 AND WILL EXPIRE ON JUNE 30, 1989. THE 1989 GENERAL 
ASSEMBLY MUST ADDRESS THE OFFENSE OF IMPAIRED DRIVING IN A 
COMMERCIAL VEHICLE. 

RECOMMENDATION-IP : THAT THE ATTACHED DRAFT SRA-10 BE ENACTED 
INTO LAW TO SUPERSEDE CHAPTER 1112 OF THE 1987 SESSION LAWS TO 
MAKE THE DRIVING OF A COMMERCIAL VEHICLE WITH A BLOOD ALCOHOL 
CONTENT OF 0.02 PER CENT BY WEIGHT OR GREATER IN THE BLOOD OF THE 
DRIVER CONSTITUTES THE OFFENSE OF IMPAIRED DRIVING IN A 
COMMERCIAL VEHICLE. 



FINDING-11 : AT PRESENT "SLIGHT IMPAIRMENT" DEFINED AS A BLOOD 
ALCOHOL CONCENTRATION OF 0.11 OR LESS AT A RELEVANT TIME AFTER 
DRIVING IS A MITIGATING FACTOR TO BE WEIGHED BY THE JUDGE WHEN 
SENTENCING A PERSON FOR IMPAIRED DRIVING. SINCE THIS COMMITTEE 



28- 



IS RECOMMENDING THAT A BLOOD ALCOHOL LEVEL OF 0.08 BE PRESUMPTIVE 

OF THE CRIME OF IMPAIRED DRIVING, IT IS ILLOGICAL TO ALLOW A 

PERSON WHO IS GUILTY OF AN OFFENSE TO USE EVIDENCE OF THAT 

OFFENSE AS A MITIGATING FACTOR FOR CONSIDERATION BY THE 
SENTENCING JUDGE. 

RECOMMENDATION-11 : THAT THE ATTACHED DRAFT SRA-11 BE ENACTED 
INTO LAW TO ALLOW THE SLIGHT IMPAIRMENT OF THE DEFENDANT'S 
FACULTIES OF 0.09 OR LESS TO STILL BE A MITIGATING FACTOR TO BE 
CONSIDERED BY THE SENTENCING JUDGE. 



FINDING-12 : THE LANGUAGE OF THE SAFE ROADS ACT, CONTAINED IN 
G.S. 20-179(c), WHICH REFERS TO PRIOR CONVICTIONS OCCURRING 
BEFORE TO THE DATE OF ANOTHER OFFENSE, RATHER THAN TO THE DATE OF 
THE SUBSEQUENT CONVICTION, ALLOWS A DEFENDANT TO BE SENTENCED ON 
THE TWO OFFENSES SO THAT THE AGGRAVATING FACTORS NEVER APPLY. 

RECOMMENDATION-12 : THAT THE ATTACHED DRAFT SRA-12 BE ENACTED 
INTO LAW TO PROVIDE THAT WHEN A SECOND OFFENSE OF DRIVING WHILE 
IMPAIRED OCCURS AFTER THE DATE OF THE FIRST OFFENSE, BUT PRIOR TO 
THE CONVICTION FOR THE FIRST OFFENSE, AND WHEN THE CONVICTION AND 
SENTENCE ARE ENTERED FOR THE SECOND OFFENSE PRIOR TO OR 
CONTEMPORANEOUSLY WITH THE FIRST OFFENSE, THE SECOND OFFENSE 
SHALL BE CONSIDERED IN AGGRAVATION WHEN SENTENCING THE DEFENDANT 
ON THE FIRST OFFENSE. 



-29- 



B. PROPOSALS WITHOU T LEG ISLATI ON — 

FINDING-13 : THE FORMS AND PAPERWORK REQUIRED TO PROCESS A 
IMPAIRED DRIVING CHARGE ARE EXTENSIVE. MANY FORMS AND REPORTS 
REQUIRE THE SAME INFORMATION, SUCH AS THE ACCUSED'S IDENTIFIERS, 
TO BE ENTERED REPEATEDLY ON DIFFERENT PIECES OF PAPER. 

RECOMMENDATION-13 : THAT THERE BE CREATED AN AD HOC COMMITTEE TO 
INCLUDE ALL PARTIES INVOLVED IN PROCESSING A PERSON ACCUSED OF 
DRIVING WHILE IMPAIRED, INCLUDING THE HIGHWAY PATROL, THE 
DEPARTMENT OF JUSTICE, THE ADMINISTRATIVE OFFICE OF THE COURTS, 
THE DIVISION OF MOTOR VEHICLES, THE COMMISSION FOR HEALTH 
SERVICES, AND OTHER INTERESTED AGENCIES, UNDER THE CHAIRMANSHIP 
OF THE COMMANDING OFFICER OF THE HIGHWAY PATROL, FOR THE PURPOSE 
OF REDUCING THE NUMBER OF FORMS REQUIRED FOR THE PROCESSING OF A 
PERSON ARRESTED FOR IMPAIRED DRIVING. THE AD HOC COMMITTEE 
SHOULD CONSIDER THE USE OF MULTIPURPOSE FORMS AND THE USE OF NEW 
TECHNOLOGIES LIKE COMPUTER GENERATION OF THE FORMS AND THE AD HOC 
COMMITTEE SHOULD REPORT TO THE GENERAL ASSEMBLY, NO LATER THAN 
APRIL 15, 1989, WITH SPECIFIC RECOMMENDATIONS FOR CHANGES IN 
STATUTES TO FACILITATE THE PROCESSING OF THE ACCUSEDS. 



•30- 



FINDING-14 : THAT IT TAKES THE HIGHWAY PATROL, ON AVERAGE, ABOUT 
TWO HOURS TO PROCESS A PERSON ARRESTED FOR IMPAIRED DRIVING. 
THIS REQUIRES THE TROOPER TO BE OFF THE ROAD FOR THAT TIME THUS 
LIMITING THE EFFECTIVE ENFORCEMENT OF THE DWI AND OTHER MOTOR 
VEHICLE LAWS. THAT EVEN ACCOUNTING FOR THE REQUIRED OBSERVATION 
TIME BEFORE ADMINISTERING THE BREATHALYZER TEST AND THE SECOND 
SEQUENTIAL TEST, IF THE AVERAGE PROCESSING TIME COULD BE REDUCED 
TO ONE HOUR, THE GAINED MANHOURS BY THE TROOPERS WOULD BE THE 
EQUIVALENT OF ADDING 100 TROOPERS TO THE HIGHWAY PATROL. 

RECOMMENDAT ION-14 : THAT THERE BE CREATED AN AD HOC COMMITTEE TO 
INCLUDE ALL PARTIES INVOLVED IN PROCESSING A PERSON ACCUSED OF 
DRIVING WHILE IMPAIRED, INCLUDING THE HIGHWAY PATROL, THE 
DEPARTMENT OF JUSTICE, THE ADMINISTRATIVE OFFICE OF THE COURTS, 
THE DIVISION OF MOTOR VEHICLES, THE COMMISSION FOR HEALTH 
SERVICES, AND OTHER INTERESTED AGENCIES, UNDER THE CHAIRMANSHIP 
OF THE COMMANDING OFFICER OF THE HIGHWAY PATROL, TO CONSIDER 
METHODS OF REDUCING THE AVERAGE PROCESSING TIME FOR A PERSON 
ACCUSED OF DRIVING WHILE IMPAIRED. THE AD HOC COMMITTEE SHOULD 
REPORT TO THE GENERAL ASSEMBLY NO LATER THAN APRIL 15, 1989 WITH 
SPECIFIC LEGISLATIVE PROPOSALS TO IMPLEMENT THE COMMITTEE'S 
RECOMMENDATIONS. 



FINDING-15 : MOST OF THE RECOMMENDATIONS AND DELIBERATIONS OF 
THIS L.R.C. STUDY COMMITTEE HAVE BEEN AIMED AT, AND HAVE DEALT 



31- 



WITH, THE OFFENSE OF DRIVING WHILE IMPAIRED BY ALCOHOL. THE 
TECHNOLOGIES AND PROCEDURES FOR DEALING WITH THOSE PERSONS 
DRIVING MOTOR VEHICLES WHILE IMPAIRED BY DRUGS AND OTHER 
INTOXICATING SUBSTANCES, OTHER THAN ALCOHOL, ARE BEING DEVELOPED 
AT A RAPID RATE AND REQUIRE DETAILED STUDY IN A MANNER THAT WAS 
NOT POSSIBLE IN THIS STUDY. 

RECOMMENDATION-1 5 : THAT THIS STUDY BE CONTINUED, OR ANOTHER 
STUDY BE COMMENCED, WITH THE SPECIFIC MANDATE TO INVESTIGATE AND 
DEVELOP A LEGISLATIVE PROGRAM TO ENHANCE THE DETECTION, ARREST, 
CONVICTION, TREATMENT, AND DETERRENCE OF PERSONS COMMITTING THE 
OFFENSE OF IMPAIRED DRIVING WHILE UNDER THE INFLUENCE OF DRUGS. 



FINDING-16 : THE COMMITTEE HAS HEARD REPEATED TESTIMONY THAT ONE 
OF THE MOST HELPFUL PARTS OF THE SAFE ROADS ACT PACKAGE HAS BEEN 
THE ASSESSMENT AND TREATMENT OF PERSONS WITH ALCOHOL ABUSE 
PROBLEMS. SECTION 2 OF CHAPTER 797 OF THE 1987 SESSION LAWS 
CREATED A TEN COUNTY PILOT PROGRAM FOR THE IDENTIFICATION AND 
TREATMENT OF PERSONS WITH ALCOHOL ABUSE PROBLEMS. THE TEN 
COUNTIES WHERE THE PROGRAM WAS ESTABLISHED ARE ALAMANCE, 
BUNCOMBE, CABARRUS, FORSYTH, IREDELL, NEW HANOVER, PENDER, ROWAN, 
WAKE, AND WAYNE. PURSUANT TO SECTION 5 OF CHAPTER 797 OF THE 
1987 SESSION LAWS, IF THE GENERAL ASSEMBLY TAKES NO ACTION, THE 
PROGRAM WILL BECOME EFFECTIVE STATE-WIDE ON JULY 1, 1989. 



-32- 



RECOMMENDATION-16 : THIS COMMITTEE RECOMMENDS THAT THE PILOT 
PROGRAM FOR ASSESSMENT, IDENTIFICATION, AND TREATMENT OF PERSONS 
WITH ALCOHOL ABUSE PROBLEMS BE ALLOWED TO GO STATE-WIDE AND THAT 
THE GENERAL ASSEMBLY SUPPORT OTHER PROGRAMS FOR THE 
IDENTIFICATION AND TREATMENT OF PERSONS WITH SUBSTANCE ABUSE 
PROBLEMS, SUCH AS THE ONE BEING DEVELOPED BY THE DEPARTMENT OF 
CORRECTION FOR IMPLEMENTATION IN THE STATE'S CORRECTIONAL 
FACILITIES. 



-33- 



Appendix A 



GENERAL ASSEMBLY OF NORTH CAROLINA 

1987 SESSION 

RATIFIED BILL 



CHAPTER 873 
HOUSE BILL 1 

AN ACT TO AUTHORIZE STUDIES BY THE LEGISLATIVE RESEARCH 
COMMISSION, TO CREATE AND CONTINUE VARIOUS COMMITTEES AND 
COMMISSIONS, TO MAKE APPROPRIATIONS THEREFOR, AND TO AMEND 
STATUTORY LAW. 

The General Assembly of North Carolina enacts: 

PART I. TITLE 
Section 1. This act shall be known as "The Study 
Commissions and Committees Act o£ 1987." 



PART II. LEGISLATIVE RESEARCH COMMISSION 

Sec. 2.1. The Legislative Research Commission may study 
the topics listed below. Listed with each topic is the 1987 bill 
or resolution that originally proposed the issue or study and the 
name of the sponsor. The Commission may consider the original 
bill or resolution in determining the nature, scope and aspects 
of the study. The topics are: 

(38) Safe Roads Act Study (S.B. 509-Harris), 

Sec. 2.6. Reporting Dates. For each of the topics the 
Legislative Research Commission decides to study under this act 
or pursuant to G.S. 120-30.17(1), the Commission may report its 
findings, together with any recommended legislation to the 1989 
General Assembly. 

Sec. 2.7. Bills and Resolution References. The listing 
of the original bill or resolution in this Part is for reference 
purposes only and shall not be deemed to have incorporated by 
reference any of the substantive provisions contained in the 
original bill or resolution. 



■EFFECTIVE DATE 

Sec. 31. This act is effective on July 1, 1987 



-34- 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1987 

GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 1987 



SENATE BILL 509 
Committee Substitute Adopted 7/21/87 



Short Title: Safe Roads Act LRC Study. (Public) 



Sponsors : 



Referred to: 



April 17, 1987 

1 A BILL TO BE ENTITLED 

2 AN ACT TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY 

3 MODIFICATIONS TO THE SAFE ROADS ACT. 

4 The General Assembly of North Carolina enacts: 

5 Section 1. The Legislative Research Commission may study 

6 modifications to the Safe Roads Act. The study should include 

7 the proposed modifications to the Safe Roads Act contained in the 

8 following bills introduced during the 1987 Session of the General 

9 Assembly: 

io (a) SB218 Intoxication Level For Class A Drivers. 

ii (b) SB509 DWI Civil License Revocation. 

w (c) SB547 Felony Death by Vehicle Punishment. 

13 (d) SB595 Murder by Vehicle-Permanent Revocation. 

14 (e) SB596 DWI-License Revocation Period. 

is (f) SB598 Revoke Limited Driving Privilege, 

if. (g) SB599 Juveniles-Implied Consent Law. 



-35- Senate Bill 509 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1987 

1 The study may include a review of any other proposed 

2 modifications to the Safe Roads Act considered relevant to the 

3 study by the Legislative Research Commission. 

-i Sec. 2. The Legislative Research Commission shall 

5 report to the 1988 Session of the General Assembly concerning the 

6 results of this study, to include recommended legislation when 

7 appropriate. 

8 Sec. 3. There is appropriated from the General Fund to 

9 the Legislative Research Commission the sum of ten thousand 
10 dollars ($10,000) for the 1987-88 fiscal year to fund the study 
ii authorized by Section 1 of this act. 

12 Sec. 4. This act is effective upon ratification. 



Senate Bill 509 -36- 



Appendix B 



MEMBERSHIP OF LRC COMMITTEE ON THE SAFE ROADS ACT 



Pres. Pro Tern's Appointments 

Sen. Ollie Harris, Cochair 
Post Office Box 639 
Kings Mountain, NC 28086 
(704) 739-2591 



Speaker's Appointments 

Rep. Dennis A. Wicker, 
Post Office Box 309 
Sanford, NC 27330 
(919) 775-7119 



Cochai r 



Sen. Henson P. Barnes 
231 East Walnut Street 
Goldsboro, NC 27530 
(919) 735-6420 



Rep. Herman C. Gist 
241 East Market Street 
Greensboro, NC 27401 
(919) 275-3846 



Sen. J. Richard Conder 
Post Office Box 1627 
Rockingham, NC 28379 
(919) 997-5551 



Rep. Joe Hackney 
Box 1329 

Chapel Hill, NC 27514 
(919) 929-0323 



Sen. J. J. Harrington 
Post Office Drawer 519 
Lewiston/Woodvi lie , NC 
(919) 348-2192 



27849 



Rep. Thomas C. Hardaway 
Post Office Box 155 
Enfield, NC 27823 
(919) 445-2371 



Sen. R. C. Soles, Jr 
Post Office Box 6 
Tabor City, NC 28463 
(919) 653-2015 



Rep. John B. McLaughlin 
Box 158 

Newell, NC 28126 
(704) 596-6784 



Sen. Robert S. Swain 
612 Northwestern Plaza 
Asheville, NC 28801 
(704) 255-7703 



Rep. Harry E. Payne, 
Post Office Box 1147 
Wilmington, NC 28402 
(919) 762-5505 



Jr 



Staff: 



Mr. Kenneth Levenbook 
Legislative Services Office 
(919) 733-6660 



Mr. Poindexter Watts 
Institute of Government 
(919) 966-4107 



Clerks : 



Ms. Janet Pruitt 
Ms. Sarah J. Murphy 



LRC Member: 



Sen. Henson P. Barnes 



•37- 



Appendix C 



CHAPTER 4 35 
SENATE BILL 1 
AN ACT TO PROVIDE SAFE ROADS BY REQUIRING MANDATORY JAIL TERMS 
FOR GROSSLY AGGRAVATED DRUNKEN DRIVERS, PROVIDING AN EFFECTIVE 
DETERRENT TO REDUCE THE INCIDENCE OF IMPAIRED DRIVING, AND 
CLARIFYING THE STATUTES RELATED TO DRINKING AND DRIVING. 

Section 1. This act shall be known as the Safe Roads 
Act of 1983. 

Sec. 2. The following table lists the parts and 
sections contained in this act: 

PART I. DRIVING WHILE IMPAIRED. 
— DMV RECORDS ADMISSIBLE TO PROVE PRIOR CONVI CTION/Sec . 3. 
--PRETRIAL RELEASE OF IMPAIRED DRIVERS/Sec. 4. 

— CROSS-REFERENCE TO PROSECUTOR DISCLOSURE REQUI REMENTS/Sec . 5. 
--IMMUNITY FOR COMMUNITY SERVICE WORK/Sec. 5.1. 
— CROSS-REFERENCE TO CONTROLLED DRINKING PROGRAMS/Sec . 6. 
--NO BEER DRINKING BY DRIVER/Sec. 7. 
--MOTOR VEHICLE LAW DEF INI TIONS/Sec . 8. 

— IMPAIRED INSTRUCTION/Sec. 9. 

--REVOCATION FOR IMPAIRED INSTRUCTION OR MILITARY REVOCATION/ 
Sec. 10. 

— IMPLIED CONSENT; REVOCATION FOR REFUSAL/Sec. 11. 
— PRELIMINARY ROADSIDE TESTING/Sec. 12. 

— REVOCATION FOR FAILURE TO COMPLETE DUI SCHOOL/Sec. 13. 
— TEN-DAY, IMMEDIATE PRETRIAL REVOCATION/Sec . 14. 
--REVOCATION FOR IMPAIRED DRIVING CONVICTION/Sec . 15. 
--DMV PROCEDURE AFTER COURT-ORDERED REVOCATIONS/Sec . 16. 
--LENGTHS OF REVOCATIONS FOR IMPAIRED DRIVING/Sec. 17. 
--REVOCATION FOR FEDERAL COURT CONVICTIONS/Sec . 18. 
--CONVICTION DEFINED/Sec. 19. 
--CERTIFIED RECORDS BY P. I.N. /Sec. 20. 
— FORFEITURE OF VEHICLE/Sec. 21. 

— IMPAIRED DRIVING CHECKS/Sec. 22. 

— REPEAL OF PRESENT OFFENSES/Sec . 23. 

— IMPAIRED DRIVING OFFENSE DEFINED/Sec. 24. 
— PROSECUTOR DISCLOSURE REQUI REMENTS/Sec . 25. 
--CHEMICAL TESTING PROCEDURES/Sec . 26. 

--FELONY AND MISDEMEANOR DEATH BY VEHICLE/Sec. 27. 

--IMPAIRED DRIVING APPLICABLE TO ROAD CONSTRUCTION VEHICLES/ Sec. 

28. 
— SENTENCING PROCEDURES AND PUNISHMENT FOR IMPAIRED DRIVING OFFENSES/: 
— ALCOHOL AND DRUG EDUCATION TRAFFIC SCHOOLS/Sec . 30. 
— LIMITED DRIVING PRI VI LEGE/Sec . 31. 

PART II. PROTECTION OF YOUTHFUL DRIVERS. 
--RAISING BEER PURCHASE AGE/Sec. 32. 



Page 38 



--GROUNDS FOR REVOKING PROVISIONAL LICENSE/Sec. 33. 
--DRIVING BY PROVISIONAL LICENSEE AFTER DRINKING/Sec . 34. 
— FRAUDULENT USE OF ID; AIDER AND ABETTOR PUNI SHMENT/Sec . 3 5 . 
— REVOCATION FOR UNDERAGE PURCHASERS OF ALCOHOL/Sec. 36. 

PART III. DRAM SHOP OWNER LIABILITY. 
--DRAM SHOP OWNER LIABILITY; BURDEN OF PROOF/Sec. 37. 
--STATUTE OF L I MI TATIONS/Sec . 38. 
— ABC PERMITTEE'S REQUI REMENTS/Sec . 39. 

— REVOCATION OF PERMIT FOR NONPAYMENT OF JUDGMENTS/Sec . 40. 
— LOCAL BOARD NOT COUNTY OR CITY AGENCY/Sec . 41. 

— NO LEGISLATIVE INTENT AS TO CIVIL LIABILITY FOR SALES TO 
INTOXICATED PERSONS/Sec. 41.1. 

PART IV. EFFECTIVE DATE AND TRANSITIONAL PROVISIONS. 
— SAVING CLAUSE FOR PROSECUTIONS AND REVOCATIONS/Sec . 42. 
— APPLICABILITY OF DRAM SHOP PROVI SIONS/Sec . 43. 
— CAPTIONS NOT LIMIT TEXT/ONLY FOR REFERENCE/Sec . 44. 
— SEVERABILITY/Sec. 45. 

— RESERVE FUND FOR IMPLEMENTATION/Sec . 45.1. 
— EFFECTIVE DATE/Sec. 46. 

PART I. DRIVING WHILE IMPAIRED. 

--DMV RECORDS ADMISSIBLE TO PROVE PRIOR CONVICTION. 

Sec. 3. G.S. 8-35.1 is rewritten to read as follows: 
" § 8-35.1. Division of Motor Vehicles' record admissible as 
prima facie evidence of convictions of offenses involving 
impaired drivin g.-- No twithstanding the provisions of G.S. 
15A-924(d), a properly certified copy under G.S. 8-35 or G.S. 
20-26(b) of the license records of a defendant kept by the 
Division of Motor Vehicles under G.S. 20-26(a) is admissible as 
prima facie evidence of any prior conviction of a defendant for 
an offense involving impaired driving as defined in G.S. 
20-4. 01( 24a) . " 

--PRETRIAL RELEASE OF IMPAIRED DRIVERS. 

Sec. 4. Chapter 15A of the General Statutes is amended 
by adding a new G.S. 15A-534.2 to read as follows: 

"§ 15A-534.2. Detention of impaired dr iver s . -- ( a ) A judicial 
official conducting an initial appearance for an offense 
involving impaired driving, as defined in G.S. 20-4 . 01 ( 24a ) , must 
follow the procedure in G.S. 15A-511 except as modified by this 
section. This section may not be interpreted to impede a 
defendant's right to communicate with counsel and friends. 

(b) If at the time of the initial appearance the judicial 
official finds by clear and convincing evidence that the 
impairment of the defendant's physical or mental faculties 
presents a danger, if he is released, of physical injury to 
himself or others or damage to property, the judicial official 
must order that the defendant be held in custody and inform the 
defendant that he will be held in custody until one of the 
requirements of subsection (c) is met; provided, however, that 



Page 39 



the judicial official must at this time determine the appropriate 
conditions of pretrial release in accordance with G.S. 15A-534. 

(c) A defendant subject to detention under this section has 
the right to pretrial release under G.S. 15A-534 when the 
judicial official determines either that: 

(1) The defendant's physical and mental faculties are 
no longer impaired to the extent that he presents 
a danger of physical injury to himself or others or 
of damage to property if he is released; or 

(2) A sober, responsible adult is willing and able to 
assume responsibility for the defendant until his 
physical and mental faculties are no longer 
impaired. If the defendant is released to the 
custody of another, the judicial official may 
impose any other condition of pretrial release 
authorized by G.S. 15A-534, including a requirement 
that the defendant execute a secured appearance 
bond . 

The defendant may be denied pretrial release under this section 
for a period no longer than 24 hours, and after such detention 
may be released only upon meeting the conditions of pretrial 
release set in accordance with G.S. 15A-534. If the defendant is 
detained for 24 hours, a judicial official must immediately 
determine the appropriate conditions of pretrial release in 
accordance with G.S. 15A-534. 

(d) In making his determination whether a defendant detained 
under this section remains impaired, the judicial official may 
request that the defendant submit to periodic tests to determine 
his alcohol concentration. Instruments acceptable for making 
preliminary breath tests under G.S. 20-16.3 may be used for this 
purpose as well as instruments for making evidentiary chemical 
analyses. Unless there is evidence that the defendant is still 
impaired from a combination of alcohol and some other impairing 
substance or condition, a judicial official must determine that a 
defendant with an alcohol concentration less than 0.05 is no 
longer impaired. The results of any periodic test to determine 
alcohol concentration may not be introduced in evidence: 

(1) Against the defendant by the State in any criminal, 
civil, or administrative proceeding arising out of 
an offense involving impaired driving; or 

(2) For any purpose in any proceeding if the test was 
not performed by a method approved by the 
Commission for Health Services under G.S. 20-139.1 
and by a person licensed to administer the test by 
the Department of Human Resources. 

The fact that a defendant refused to comply with a judicial 
official's request that he submit to a chemical analysis may not 
be admitted into evidence in any criminal action, administrative 
proceeding, or a civil action to review a decision reached by an 
administrative agency in which the defendant is a party." 

— CROSS-REFERENCE TO PROSECUTOR DISCLOSURE REQUIREMENTS. 



Page 40 



Sec. 5. G.S. 15A-931(a) is amended by deleting the 
first word of the subsection and inserting in its place the words 
and punctuation "Except as provided in G.S. 20-138.4, the". 

— IMMUNITY FOR COMMUNITY SERVICE WORK. 

Sec. 5.1. G.S. 15A-1342 is amended by adding a new 
subsection (j) to read as follows: 

"(j) Immunity for Injury to Defendant Performing Community 
Service. A person is not liable for damages for any injury or 
loss sustained by a defendant performing community or reparation 
service unless the injury is caused by the person's gross 
negligence or intentional wrongdoing. As used in this 
subsection, 'person' includes any governmental unit or agency, 
nonprofit corporation, or other nonprofit agency that is 
supervising the defendant or for whom the defendant is performing 
community service work, as well as any person employed by the 
agency or corporation while acting in the scope and course of his 
employment. This subsection does not affect the immunity from 
civil liability in tort available to local governmental units or 
agencies. Notice of the provisions of this subsection must be 
furnished to the defendant at the time he is served with a copy 
of the probation judgment or deferred prosecution order." 

— CROSS-REFERENCE TO CONTROLLED DRINKING PROGRAMS. 

Sec. 6. G.S. 18B-103(9) is rewritten to read as 
follows : 

"(9) The possession and use of alcohol acquired for 
cont rolled-dr ink ing programs as authorized under G.S. 20- 
139.1(g) ." 

— NO BEER DRINKING BY DRIVER. 

Sec. 7. G.S. 18B-401 is amended in subsection (a) by 
deleting the caption and the first sentence of that subsection 
and inserting in their place the following caption and sentences: 
"(a) Opened Containers. It shall be unlawful for a person to 
transport fortified wine or spirituous liquor in the passenger 
area of a motor vehicle in other than the manufacturer's unopened 
original container. It shall be unlawful for a person who is 
driving a motor vehicle on a highway or public vehicular area to 
consume in the passenger area of that vehicle any malt beverage 
or unfortified wine." 

G.S. 18B-401 is further amended in subsection (c) by 
deleting from that subsection the word "Definition" in the 
caption and insetting in its place the word "Definitions", and by 
inserting immediately after the caption the following sentences: 
"The definitions in Chapter 20 of the General Statutes apply in 
interpreting this section. If the seal on a container of 
alcoholic beverages has been broken, it is opened within the 
meaning of this section." 

— MOTOR VEHICLE LAW DEFINITIONS. 

Sec. 8. G.S. 20-4.01 is amended by rewriting 
subdivision 32 of that section and by adding new subdivisions 



Page 41 



(3a), (3b), (14a), (24a), (33a) and (48a) to read 



concentration of alcohol in 



(0.1) , (0.2) , 
as follows: 

"(0.1) Alcohol. Ethyl alcohol. 

"(0.2) Alcohol Concentration. The 
a person, expressed either as: 

a. Grams of alcohol per 100 milliliters of blood; or 

b. Grams of alcohol per 210 liters of breath. 

"(3a) 

blood of 

The term 'chemical 



performed 
analysis ' 
necessary 

"(3b) 
Department 



Chemical Analysis. A chemical test of the breath or 
a person to determine his alcohol concentration, 
in accordance with G.S. 20-139.1. 



includes duplicate 
or desirable to insure 
Chemical Analyst. A 

of Human Resources 



or sequential analyses when 
the integrity of test results, 
person granted a permit by the 
under G.S. 20-139.1 to perform 

Alcohol, controlled substance 



chemical analyses. 

"(14a) Impairing Substance 
under Chapter 90 of the General Statutes, any other drug or 
psychoactive substance capable of impairing a person's physical 
or mental faculties, or any combination of these substances. 

"(24a) Offense Involving Impaired Driving. Any of the 
following offenses: 



a. Impaired driving under G.S. 20-138 

b. Death by vehicle under G.S. 
conviction is based upon 
substantially equivalent 
law . 

c. Involuntary manslaughter 
conviction is based upon 
substantially equivalent 
law . 

d. An offense 
substantial ly 
subpa ragraphs 

e . A repealed 



20-141.4 when 

impaired driving or a 

offense under previous 

under G.S. 14-18 when 

impaired driving or a 

offense under previous 



committed in 

equivalent 
a through c. 
or superseded 



another 
to the 



jurisdiction 
offenses in 



offense substantially 
equivalent to impaired driving, including offenses 
under former G.S. 20-138 or G.S. 20-139. 
A conviction under former G.S. 20-140(c) is not an offense 
involving impaired driving. 

"(32) Public Vehicular Area. Any area within the State of 
North Carolina that is generally open to and used by the public, 
including by way of illustration and not limitation any drive, 
driveway, road, roadway, street, alley, or parking lot upon the 
grounds and premises of: 



Any public or 
university, school, 
the institutions, 



private hospital, college, 
orphanage, church, or any of 
parks or other facilities 
maintained and supported by the State of North 
Carolina or any of its subdivisions; or 
Any service station, drive-in theater, supermarket, 
store, restaurant, or office building, or any other 
business, residential, or municipal establishment 
providing parking space for customers, patrons, or 
the public; or 



Page 42 



c. Any property owned by the United States and subject 

to the jurisdiction of the State of North 

Carolina .( The inclusion of property owned by the 

United States in this definition shall not limit 

assimilation of North Carolina law when applicable 

under the provisions of Title 18, United States 

Code, Section 13.) 

The term 'public vehicular area' shall also include any beach 

area used by the public for vehicular traffic as well as any road 

opened to vehicular traffic within or leading to a subdivision 

for use by subdivision residents, their guests, and members of 

the public, whether or not the subdivision roads have been 

offered for dedication to the public. The term 'public vehicular 

area' shall not be construed to mean any private property not 

generally open to and used by the public. 

"(33a) Relevant Time after the Driving. Any time after the 
driving in which the driver still has in his body alcohol 
consumed before or during the driving. 

"(48a) Under the Influence of an Impairing Substance. The 
state of a person having his physical or mental faculties, or 
both, appreciably impaired by an impairing substance." 

--IMPAIRED INSTRUCTION. 

Sec. 9. G.S. 20-12.1 is rewritten to read as follows: 
"§ 20-12.1. Impaired instruction .--( a ) It is unlawful for any 
person to accompany another person driving a motor vehicle, in 
accordance with G.S. 20-11, or instruct another person driving a 
motor vehicle, in accordance with G.S. 20-7(1-1) and (m) or G.S. 
20-12: 

(1) While the person accompanying or instructing is 
under the influence of an impairing substance; or 

(2) After having consumed sufficient alcohol that he 
has, at any relevant time after the driving, an 
alcohol concentration of 0.10 or more. 

(b) An offense under this section is an impl ied-consent 
offense under G.S. 20-16.2." 

— REVOCATION FOR IMPAIRED INSTRUCTION OR MILITARY REVOCATION. 

Sec. 10. G.S. 20-16(a) is amended by deleting the 
period at the end of subdivision (8) and replacing it with " ; " 
and by adding the following two subdivisions: 

"(8a) Has been convicted of impaired instruction under G.S. 
20-12.1; 

"(8b) Has violated on a military installation a regulation of 
that installation prohibiting conduct substantially equivalent to 
conduct that constitutes impaired driving under G.S. 20-138.1 
and, as a result of that violation, has had his privilege to 
drive on that installation revoked or suspended after an 
administrative hearing authorized by the commanding officer of 
the installation and that commanding officer has general court 
martial jurisdiction;". 

— IMPLIED CONSENT; REVOCATION FOR REFUSAL. 



Page 43 



Sec. 11. G.S. 20-16.2 is rewritten to read as follows: 
" § 20-16.2. Implied consent to chemical analysis; mandatory 
revocation of license in event of refusal; right of driver to 
request analysi s . -- ( a ) Basis for Charging Officer To Require 
Chemical Analysis; Notification of Rights. Any person who drives 
a vehicle on a highway or public vehicular area thereby gives 
consent to a chemical analysis if he is charged with an implied- 
consent offense. The charging officer must designate the type of 
chemical analysis to be administered, and it may be administered 
when he has reasonable grounds to believe that the person charged 
has committed the implied-consent offense. Except as provided in 
subsection (b), the person charged must be taken before a 
chemical analyst authorized to administer a test of a person's 
breath, who must inform the person orally and also give him a 
notice in writing that: 

(1) He has a right to refuse to be tested. 

(2) Refusal to take any required test or tests will 
result in an immediate revocation of his driving 
privilege for at least 10 days and an additional 
12-month revocation by the Division of Motor 
Vehicles . 

(3) The test results, or the fact of his refusal, will 
be admissible in evidence at trial on the offense 
cha rged . 

(4) If any test reveals an alcohol concentration of 
0.10 or more, his driving privilege will be revoked 
immediately for at least 10 days. 

(5) He may have a qualified person of his own choosing 
administer a chemical test or tests in addition to 
any test administered at the direction of the 
charging officer. 

(6) He has the right to call an attorney and select a 
witness to view for him the testing procedures, but 
the testing may not be delayed for these purposes 
longer than 30 minutes from the time he is notified 
of his rights . 

(al) Meaning of Terms. Under this section, an 'implied- 
consent offense' is an offense involving impaired driving or an 
alcohol-related offense made subject to the procedures of this 
section. A person is 'charged' with an offense if he is arrested 
for it or if criminal process for the offense has been issued. A 
'charging officer' is a law enforcement officer who arrests the 
person charged, lodges the charge, or assists the officer who 
arrested the person or lodged the charge by assuming custody of 
the person to make the request required by subsection (c) and, if 
necessary, to present the person to a judicial official for an 
initial appearance. 

(b) Unconscious Person May be Tested. If a charging officer 
has reasonable grounds to believe that a person has committed an 
implied-consent offense, and the person is unconscious or 
otherwise in a condition that makes him incapable of refusal, the 
charging officer may direct the taking of a blood sample by a 
person qualified under G.S. 20-139.1 or may direct the 



Page 4 4 



administration of any other chemical analysis that may be 
effectively performed. In this instance the notification of 
rights set out in subsection (a) and the request required by 
subsection (c) are not necessary. 

(c) Request To Submit to Chemical Analysis; Procedure upon 
Refusal. The charging officer, in the presence of the chemical 
analyst who has notified the person of his rights under 
subsection (a), must request the person charged to submit to the 
type of chemical analysis designated. If the person charged 
willfully refuses to submit to that chemical analysis, none may 
be given under the provisions of this section, but the refusal 
does not preclude testing under other applicable procedures of 
law. Then the charging officer and the chemical analyst must 
without unnecessary delay go before an official authorized to 
administer oaths and execute an affidavit stating that the person 
charged, after being advised of his rights under subsection (a), 
willfully refused to submit to a chemical analysis at the request 
of the charging officer. The charging officer must immediately 
mail the affidavit to the Division. If the person's refusal to 
submit to a chemical analysis occurs in a case involving death or 
critical injury to another person, the charging officer must 
include that fact in the affidavit mailed to the Division. 

(d) Consequences of Refusal; Right to Hearing Before Division; 
Issues. Upon receipt of a properly executed affidavit required 
by subsection (c), the Division must expeditiously notify the 
person charged that his license to drive is revoked for 12 
months, effective on the tenth calendar day after the mailing of 
the revocation order unless, before the effective date of the 
order, the person requests in writing a hearing before the 
Division. If the person properly requests a hearing, he retains 
his license, unless it is revoked under some other provision of 
law, until the hearing is held, the person withdraws his request, 
or he fails to appear at a scheduled hearing. The person may 
request the hearing officer to subpoena the charging officer, the 
chemical analyst, or both to appear at the hearing if he makes 
the request in writing at least three days before the hearing. 
The person may subpoena any other witness he deems necessary, and 
the provisions of G.S. 1A-1, Rule 45, apply to the issuance and 
service of all subpoenas issued under the authority of this 
section. The hearing must be conducted in the county where the 
charge was brought, under the provisions for hearings held under 
G.S. 20-16(d), except that the hearing is limited to 
consideration of whether: 

(1) The person was charged with an impl ied-consent 
offense; 

(2) The charging officer had reasonable grounds to 
believe that the person had committed an implied- 
c on sent offense; 

(3) The impl ied-consent offense charged involved death 
or critical injury to another person, if this 
allegation is in the affidavit; 

(4) The person was notified of his rights as required 
by subsection (a); and 



Page 45 



(5) The person willfully refused to submit to a 
chemical analysis upon the request of the charging 
officer. 

conditions specified in this 

the revocation sustained. If 

conditions is not met, it must 

revocation is sustained, the 



If the Division finds 
subsection are met, it 
the Division finds that 
rescind the revocation, 
person must surrender his 
by the Division. 

(dl) Consequences of 
Critical Injury. If the 
death or critical injury 
privilege may be issued. 



that the 

must order 

any of the 

If the 

1 icense 



immediately upon notification 



Refusal in Case Involving Death or 
refusal occurred in a case involving 
to another person, no limited driving 
The 12-month revocation begins only 
after all other periods of revocation have terminated unless the 
person's license is revoked pursuant to G.S. 20-28, 20-28.1, 20- 
19(d), or 20-19(e). If the revocation is based on those 
sections, the revocation under this subsection begins at the time 
and in the manner specified in subsection (d) for revocations 
under this section. However, the person's eligibility for a 
hearing to determine if the revocation under those sections 
should be rescinded is postponed for one year from the date he 
would otherwise have been eligible for such a hearing. If the 
person's driver's license is again revoked while the 12-month 
revocation under this subsection is in effect, that revocation, 
whether imposed by a court or by the Division, may only take 
effect after the period of revocation under this subsection has 
terminated . 

(e) Right to Hearing in Superior Court. If the revocation is 
sustained after the hearing, the person whose license has been 
revoked has the right to file a petition in the superior court 
for a hearing de novo upon the issues listed in subsection (d), 
in the same manner and under the same conditions as provided in 
G.S. 20-25 except that the de novo hearing is conducted in the 
judicial district where the charge was made. 

(el) Limited Driving Privilege after Six Months in Certain 
Instances. A person whose driver's license has been revoked 
under this section may apply for and a judge authorized to do so 
by this subsection may issue a limited driving privilege if: 

(1) At the time of the refusal, the applicant held a 
valid driver's license; 

(2) At the time of the refusal, he had not within the 
preceding 10 years been convicted of an offense 
involving impaired driving; 

(3) At the time of the refusal, he had not in the 
preceding 10 years willfully refused to submit to a 
chemical analysis under this section; 

(4) The impl ied-consent offense charged did not involve 
death or critical injury to another person; 

(5) The underlying charge for which the defendant was 
requested to submit to a chemical analysis has been 
finally disposed of: 

a. Other than by conviction; or 



Page 46 



b. By a conviction of impaired driving under 
G . S . 20-1 38 . 1 , at a punishment level 
authorizing issuance of a limited driving 
privilege under G.S. 20-179. 3(b), and he has 
complied with at least one of the mandatory 
conditions of probation listed for the 
punishment level under which he was sentenced; 

(6) Subsequent to the refusal he has had no unresolved 
pending charges for or additional convictions of an 
offense involving impaired driving; and 

(7) His license has been revoked for at least six 
months for the refusal. 

Except as modified in this subsection, the provisions of G.S. 
20-179.3 relating to the procedure for application and conduct of 
the hearing and the restrictions required or authorized to be 
included in the limited driving privilege apply to applications 
under this subsection. If the case was finally disposed of in 
the district court, the hearing must be conducted in the district 
in which the refusal occurred by a district court judge. If the 
case was finally disposed of in the superior court, the hearing 
must be conducted in the district in which the refusal occurred 
by a superior court judge. A limited driving privilege issued 
under this section authorizes a person to drive if his license is 
revoked solely under this section or solely under this section 
and G.S. 20-17(2). If the person's license is revoked for any 
other reason, the limited driving privilege is invalid. 

(f) Notice to Other States as to Nonresidents. When it has 
been finally determined under the procedures of this section that 
a nonresident's privilege to drive a motor vehicle in this State 
has been revoked, the Division must give information in writing 
of the action taken to the motor vehicle administrator of the 
state of the person's residence and of any state in which he has 
a 1 i cense . 

(g) Repealed, 
(h) Repealed. 

(i) Right to Chemical Analysis Before Arrest or Charge. A 
person stopped or questioned by a law enforcement officer who is 
investigating whether the person may have committed an implied- 
consent offense may request the administration of a chemical 
analysis before any arrest or other charge is made for the 
offense. Upon this request, the officer must afford the person 
the opportunity to have a chemical analysis, if available, upon 
the procedures applicable had the person been charged. The 
request constitutes the person's consent to be transported by the 
law enforcement officer to the place where the chemical analysis 
is to be administered. Before the chemical analysis is made, the 
person must sign a form, to be supplied by the Division, 
confirming his request. The results of the chemical analysis are 
admissible in evidence in any proceeding in which they are 
relevant . " 

— PRELIMINARY ROADSIDE TESTING. 

Sec. 12. G.S. 20-16.3 is rewritten to read as follows: 



Page 47 



"§ 20-16.3. Alcohol screen i ng tests required of certain 
drivers; approval of test devices and manner of use by Commission 
for Health Services; use of test results or ref usal . --( a ) When 
Alcohol Screening Test May Be Required; Not an Arrest. A law 
enforcement officer may require the driver of a vehicle to submit 
to an alcohol screening test within a relevant time after the 
driving if the officer has: 

(1) Reasonable grounds to believe that the driver has 
consumed alcohol and has: 

a. Committed a moving traffic violation; or 

b. Been involved in an accident or collision; or 

(2) An articulable and reasonable suspicion that the 
driver has committed an impl ied-consent offense 
under G.S. 20-16.2, and the driver has been 
lawfully stopped for a driver's license check or 
otherwise lawfully stopped or lawfully encountered 
by the officer in the course of the performance of 
the officer's duties. 

Requiring a driver to submit to an alcohol screening test in 
accordance with this section does not in itself constitute an 
arrest . 

(b) Approval of Screening Devices and Manner of Use. The 
Commission for Health Services is directed to examine and approve 
devices suitable for use by law enforcement officers in making 
on-the-scene tests of drivers for alcohol concentration. For 
each alcohol screening device or class of devices approved, the 
Commission must adopt regulations governing the manner of use of 
the device. For any alcohol screening device that tests the 
breath of a driver, the Commission is directed to specify in its 
regulations the shortest feasible minimum waiting period that 
does not produce an unacceptably high number of false positive 
test results. 

(c) Tests Must Be Made with Approved Devices and in Approved 
Manner. No screening test for alcohol concentration is a valid 
one under this section unless the device used is one approved by 
the Commission for Health Services and the screening test is 
conducted in accordance with the applicable regulations of the 
Commission as to the manner of its use. 

(d) Use of Screening Test Results or Refusal by Officer. The 
results of an alcohol screening test or a driver's refusal to 
submit may be used by a law enforcement officer, a court, or an 
administrative agency in determining if there are reasonable 
grounds for believing that the driver has committed an implied- 
consent offense under G.S. 20-16.2. Negative or low results on 
the alcohol screening test may be used in factually appropriate 
cases by the officer, a court, or an administrative agency in 
determining whether a person's alleged impairment is caused by an 
impairing substance other than alcohol. Except as provided in 
this subsection, the results of an alcohol screening test may not 
be admitted in evidence in any court or administrative 
proceeding . " 

--REVOCATION FOR FAILURE TO COMPLETE DUI SCHOOL. 



Page 48 



Sec. 13. Chapter 20 of the General Statutes is amended 
by adding a new G.S. 20-16.4 to read as follows: 

"§ 20-16.4. Revocation for failure to complete Alcohol and 
Drug Education Traffic School . --(a) Division Must Revoke upon 
Notice of Willful Failure. Upon receipt of notice from an 
Alcohol and Drug Education Traffic School that a person assigned 
to the school as a court-imposed condition of probation has 
willfully failed to complete the program of instruction at the 
school successfully, the Division must revoke the person's 
driver's license for 12 months. A limited driving privilege does 
not authorize a person to drive while his license is revoked 
pursuant to the provisions of this section. 

(b) Right of Notification and Hearing. Upon receipt of a 
properly executed notice of failure from the school, the Division 
must expeditiously notify the person that his license is revoked 
for 12 months, effective on the tenth calendar day after the 
mailing of the revocation order unless, before the effective date 
of the order, the person requests in writing a hearing before the 
Division. If the person properly requests a hearing, he retains 
his license, unless it is revoked under some other provision of 
law, until the hearing is held, the person withdraws the request, 
or he fails to appear at a scheduled hearing. The person may 
request the hearing officer to subpoena the appropriate school 
personnel to appear in person at the hearing if he makes the 
request in writing at least three days before the hearing. The 
person may subpoena any other witness he deems necessary, and the 
provisions of G.S. 1A-1, Rule 45, apply to the issuance and 
service of all subpoenas issued under the authority of this 
section . 

(c) Hearing Procedures; Issues, 
in the county where the school is 
for hearings held under G.S. 20-16 
limited to consideration of whether 

(1) The person was validly assigned to the school by a 

court; 

(2) The person failed to complete the course of 

instruction successfully; and 

(3) The failure was willful. 
If the Division finds that the conditions specified in 

subsection are met, it must order the revocation sustained, 
the Division finds that any of the 
rescind the revocation. If the 
person must surrender his license 
by the Division. The person may 



The hearing must be conducted 

located, under the provisions 

d), except that the hearing is 



this 
If 
conditions is not met, it must 
revocation is sustained, the 
immediately upon notification 
file a petition in superior 
court for a de novo review of the issues listed in this section, 
in the same manner and under the same conditions as provided in 
G.S. 20-25, except that the hearing must be held in the judicial 
district in which the school is located. 

(d) When Failure Not Willful. A failure to complete the 
course of instruction successfully is not willful if it is based 
solely on a failure: 



Page 49 



(1) To pay the prescribed fee and the person was unable 
to pay after making reasonable efforts to secure 
funds to pay it; or 

(2) To attend classes and the person was unable to 
attend because of reasons over which he had no 
control other than alcoholism or drug abuse." 

— TEN-DAY, IMMEDIATE PRETRIAL REVOCATION. 

Sec. 14. Chapter 20 of the General Statutes is amended 
by adding a new section, G.S. 20-16.5, to read as follows: 

"§ 20-16.5. Immediate civil license revocation for certain 
persons charged with impl ied-consent of f enses . -- ( a ) Definitions. 
As used in this section the following words and phrases have the 
following meanings: 

(1) Charging Officer. As described in G.S. 20- 
16.2(al ) . 

(2) Clerk. As defined in G.S. 15A-101(2). 

(3) Judicial Official. As defined in G.S. 15A-101(5). 

(4) Revocation Report. A sworn statement by a charging 
officer and a chemical analyst containing facts 
indicating that the conditions of subsection (b) 
have been met. When one chemical analyst analyzes 
a person's blood and another chemical analyst 
informs a person of his rights and responsibilities 
under G.S. 20-16.2, the report must include the 
statements of both analysts. 

(5) Surrender of a Driver's License. The act of 
turning over to a court or a law enforcement 
officer the person's most recent, valid driver's 
license or learner's permit issued by the Division 
or by a similar agency in another jurisdiction, or 
a limited driving privilege issued by a North 
Carol ina court . 

(b) Revocations for Persons Who Refuse Chemical Analyses or 
Have Alcohol Concentrations of 0.10 or More. A person's driver's 
license is subject to revocation under this section if: 

(1) A law enforcement officer has reasonable grounds to 
believe that the person has committed an offense 
subject to the impl ied-consent provisions of G.S. 
20-16.2; 

(2) The person is charged with that offense as provided 
in G.S. 20-16. 2(a); 

(3) The charging officer and the chemical analyst 
comply with the procedures of G.S. 20-16.2 and G.S. 
20-139.1 in requiring the person's submission to or 
procuring a chemical analysis; and 

( 4 ) The person : 

a. Willfully refuses to submit to the chemical 
analysis; or 

b. as an alcohol concentration of 0.10 or more 
within a relevant time after the driving. 

(c) Duty of Charging Officers and Chemical Analysts to Report 
to Judicial Officials. If a person's driver's license is subject 



Page 50 



specific duty of 
the report is 
required by this 



to revocation under this section, the charging officer and the 
chemical analyst must execute a revocation report. If the person 
has refused to submit to a chemical analysis, a copy of the 
report to be submitted to the Division under G.S. 20-16. 2(c) may 
be substituted for the revocation report if it contains the 
information required by this section. It is the 
the charging officer to make sure that 
expeditiously filed with a judicial official as 
section . 

(d) Which Judicial Official Must Receive Report. The judicial 
official with whom the revocation report must be filed is: 

(1) The judicial official conducting the initial 
appearance on the underlying criminal charge if: 

a. No revocation report has previously been 
filed; and 

b. At the time of the initial appearance the 
results of the chemical analysis, if 
administered, or the reports indicating a 
refusal, are available. 

(2) A judicial official conducting any other proceeding 
relating to the underlying criminal charge at which 
the person is present, if no report has previously 
been filed. 

(3) The clerk of superior court in the county in which 
the underlying criminal charge has been brought if 
subdivisions (1) and (2) are not applicable at the 
time the charging officer must file the report. 

(e) Procedure if Report Filed with Judicial Official When 
Person Is Present. if a properly executed revocation report 
concerning a person is filed with a judicial official when the 
person is present before that official, the judicial official 
must, after completing any other proceedings involving the 
person, determine whether there is probable cause to believe that 
each of the conditions of subsection (b) has been met. If he 
determines that there is such probable cause, he must enter an 
order revoking the person's driver's license for the period 
required in this subsection. The judicial official must order 
the person to surrender his license and if necessary may order a 
law enforcement officer to seize the license. The judicial 
official must give the person a copy of the revocation order. In 
addition to setting it out in the order the judicial official 
must personally inform the person of his right to a hearing as 
specified in subsection (g), and that his license remains revoked 
pending the hearing. Unless the person is not currently 
licensed, the revocation under this subsection begins at the time 
the revocation order is issued and continues until the person's 
license has been surrendered for 10 days and the person has paid 
the applicable costs. If the person is not currently licensed, 
the revocation continues until 10 days from the date the 
revocation order is issued and the person has paid the applicable 
costs . 

(f) Procedure if Report Filed with Clerk of Court When Person 
Not Present. When a clerk receives a properly executed report 



Page 51 



under subdivision (d)(3) and the person named in the revocation 
report is not present before the clerk, the clerk must determine 
whether there is probable cause to believe that each of the 
conditions of subsection (b) has been met. If he determines that 
there is such probable cause, he must mail to the person a 
revocation order by first class mail. The order must direct that 
the person on or before the effective date of the order either 
surrender his license to the clerk or appear before the clerk and 
demonstrate that he is not currently licensed, and the order must 
inform the person of the time and effective date of the 
revocation and of its duration, of his right to a hearing as 
specified in subsection (g), and that the revocation remains in 
effect pending the hearing. Revocation orders mailed under this 
subsection become effective on the fourth day after the order is 
deposited in the United States mail. If within five working days 
of the effective date of the order, the person does not surrender 
his license to the clerk or appear before the clerk to 
demonstrate that he is not currently licensed, the clerk must 
immediately issue a pick-up order. The pick-up order under this 
subsection may be issued by the clerk to any law enforcement 
officer to pick up the person's driver's license in accordance 
with G.S. 20-29 as if the pick-up order had been issued by the 
Division. A revocation under this subsection begins at the date 
specified in the order and continues until the person's license 
has been revoked for the period specified in this subsection and 
the person has paid the applicable costs. The period of 
revocation under this subsection is: 

(1) Ten days from the time the person surrenders his 
license to the court, if the surrender occurs 
within five working days of the effective date of 
the orde r ; or 

(2) Ten days after the person appears before the clerk 
and demonstrates that he is not currently licensed 
to drive, if the appearance occurs within five 
working days of the effective date of the 
revocation order; or 

(3) Thirty days from the time: 

a. The person's driver's license is picked up by 
a law enforcement officer following service of 
a pick-up order; or 

b. The person demonstrates to a law enforcement 
officer who has a pick-up order for his 
license that he is not currently licensed; or 

c. The person's driver's license is surrendered 
to the court if the surrender occurs more than 
five working days after the effective date of 
the revocation order; or 

d. The person appears before the clerk to 
demonstrate that he is not currently licensed, 
if he appears more than five working days 
after the effective date of the revocation 
order . 



Page 52 



When a pick-up order is issued, it must inform the person of his 
right to a hearing as specified in subsection (g), and that the 
revocation remains in effect pending the hearing. An officer 
serving a pick-up order under this subsection must return the 
order to the court indicating the date it was served or that he 
was unable to serve the order. If the license was surrendered, 
the officer serving the order must deposit it with the clerk 
within three days of the surrender. 

(g) Hearing Before Magistrate or Judge if Person Contests 
Validity of Revocation. A person whose license is revoked under 
this section may request in writing a hearing to contest the 
validity of the revocation. The request may be made at the time 
of the person's initial appearance, or at any later time to the 
clerk or a magistrate designated by the clerk, and may 
specifically request that the hearing be conducted by a district 
court judge. The Administrative Office of the Courts must 
develop a hearing request form for any person requesting a 
hearing. Unless a district court judge is requested, the hearing 
must be conducted within the county by a magistrate assigned by 
the chief district judge to conduct such hearings. If the person 
requests that a district court judge hold the hearing, the 
hearing must be conducted within the judicial district by a 
district court judge assigned to conduct such hearings. The 
revocation remains in effect pending the hearing, but the hearing 
must be held within three working days following the request if 
the hearing is before a magistrate or within five working days if 
the hearing is before a district court judge. The request for 
the hearing must specify the grounds upon which the validity of 
the revocation is challenged. A witness may submit his evidence 
by affidavit unless he is subpoenaed to appear. Any person who 
appears and testifies is subject to questioning by the judicial 
official conducting the hearing, and the judicial official may 
adjourn the hearing to seek additional evidence if he is not 
satisfied with the accuracy or completeness of evidence. The 
person contesting the validity of the revocation may, but is not 
required to, testify in his own behalf. Unless contested by the 
person requesting the hearing, the judicial official may accept 
as true any matter stated in the revocation report. If any 
relevant condition under subsection (b) is contested, the 
judicial official must find by the greater weight of the evidence 
that the condition was met in order to sustain the revocation. At 
the conclusion of the hearing the judicial official must enter an 
order sustaining or rescinding the revocation. The judicial 
official's findings are without prejudice to the person 
contesting the revocation and to any other potential party as to 
any other proceedings, civil or criminal, that may involve facts 
bearing upon the conditions in subsection (b) considered by the 
judicial official. The decision of the judicial official is 
final and may not be appealed in the General Court of Justice. If 
the hearing is not held and completed within three working days 
of the written request for a hearing before a magistrate or 
within five working days of the written request for a hearing 
before a district court judge, the judicial official must enter 



Page 53 



an order rescinding the revocation, unless the person contesting 
the revocation contributed to the delay in completing the 
hearing . 

(h) Return of License. After the applicable period of 
revocation under this section, or if the magistrate or judge 
orders the revocation rescinded, the person whose license was 
revoked may apply to the clerk for return of his surrendered 
license. Unless the clerk finds that the person is not eligible 
to use the surrendered license, he must return it if: 

(1) The applicable period of revocation has passed and 
the person has tendered payment for the costs 
unde r subsection ( j ) ; or 

(2) The magistrate or judge has ordered the revocation 
rescinded . 

If the license has expired, he may return it to the person with a 
caution that it is no longer valid. Otherwise, if the person is 
not eligible to use the license and the license was issued by the 
Division or in another state, the clerk must mail it to the 
Division. If the person has surrendered his copy of a limited 
driving privilege and he is no longer eligible to use it, the 
clerk must make a record that he has withheld the limited driving 
privilege and forward that record to the clerk in the county in 
which the limited driving privilege was issued for filing in the 
case file. 

A revocation under this section 
drive in North Carolina whatever 
to drive. Revocations under this 
run concurrently with any other 
a period of revocation following 
conviction of an offense involving impaired driving may give 
credit for any period of revocation imposed under this section. A 
person is not eligible for a limited driving privilege under any 
statute while his license is revoked under this section. 

(j) Costs. Unless the magistrate or judge orders the 
revocation rescinded, a person whose license is revoked under 
this section must pay a fee of twenty-five dollars ($25.00) as 
costs for the action before his license may be returned under 
subsection (h). The costs collected under this section go to the 
State. 

(k) Report to Division. Except as provided below, the clerk 
must mail a report to the Division within 10 working days of the 
return of a license under this section or of the termination of a 
revocation of the driving privilege of a person not currently 
licensed. The report must identify the person whose license has 
been revoked and specify the dates on which his license was 
revoked. No report need be made to the Division, however, if 
there was a surrender of the driver's license issued by the 
Division, a ten-day minimum revocation was imposed, and the 
license was properly returned to the person under subsection (h) 
within five working days after the ten-day period had elapsed. 

(1) Restoration Fee for Unlicensed Persons. If a person whose 
license is revoked under this section has no valid license, he 



(i) Effect of Revocations, 
revokes a person's privilege to 
the source of his authorization 
section are independent of and 
revocations. No court imposing 



Page 54 



must pay the restoration fee required by G.S. 20-7 before he may 
apply for a license from the Division. 

(m) Modification of Revocation Order. Any judicial official 
presiding over a proceeding under this section may issue a 
modified order if he determines that an inappropriate order has 
been issued. 

(n) Exception for Revoked Licenses. Notwithstanding any other 
provision of this section, if the judicial official required to 
issue a revocation order under this section determines that the 
person whose license is subject to revocation under subsection 
(b) : 

(1) Has a currently revoked driver's license; 

(2) Has no limited driving privilege; and 

(3) Will not become eligible for restoration of his 
license or for a limited driving privilege during 
the period of revocation required by this section, 
the judicial official need not issue a revocation 
order under this section. In this event the 
judicial official must file in the records of the 
civil proceeding a copy of any documentary evidence 
and set out in writing all other evidence on which 
he relies in making his determination. 

(o) Designation of Proceedings. Proceedings under this 
section are civil actions, and must be identified by the caption 

'In the Matter of ' and filed as directed by the 

Administrative Office of the Courts." 

— REVOCATION FOR IMPAIRED DRIVING CONVICTION. 

Sec. 15. G.S. 20-17(2) is rewritten to read as follows: 
"(2) Impaired driving under G.S. 20-138.1." 

— DMV PROCEDURE AFTER COURT-ORDERED REVOCATIONS. 

Sec. 16. Chapter 20 of the General Statutes is amended 
to add a new G.S. 20-17.2 to read as follows: 

"§ 20-17.2. Court-ordered revocations for offenses involving 
impaired driving; procedure f or notice . --When a person convicted 
of an offense involving impaired driving is ordered by a court 
not to operate a motor vehicle for a specified period of time as 
a condition of probation, the Division, upon receiving a copy of 
the judgment, must revoke the person's driver's license for the 
period and dates specified in the order of the court. The entry 
of the probationary judgment by the court is notice to the person 
that his license is revoked, and the Division need not notify the 
person of his revocation. In judgment forms for use in impaired 
driving cases under G.S. 20-138.1 the Administrative Office of 
the Courts must provide for inclusion of a notice provision, when 
applicable, of the terms of this section." 

— LENGTHS OF REVOCATIONS FOR IMPAIRED DRIVING. 

Sec. 17. G.S. 20-19 is amended by repealing subsection 
(h), adding a new subsection (i), and rewriting subsections (cl), 
(d), and (e) to read as follows: 

"(cl) When a license is revoked under subdivision (2) of G.S. 



Page 55 



20-17, and the period of revocation is not determined by 
subsection (d) or (e) of this section, the period of revocation 
i s one yea r . 

(d) When a person's license is revoked under subdivision (2) 
of G.S. 20-17 and the person has another conviction of an offense 
involving impaired driving, occurring within the three years 
immediately preceding the date of the offense for which his 
license is being revoked, the period of revocation is four years, 
and this period may be reduced only as provided in this section. 
The Division may conditionally restore the person's license after 
it has been revoked for at least two years under this subsection 
if he provides the Division with satisfactory proof that: 

(1) He has not in the period of revocation been 
convicted in North Carolina or any other state or 
federal jurisdiction of a motor vehicle offense, an 
alcoholic beverage control law offense, a drug law 
offense, or any other criminal offense involving 
the possession or consumption of alcohol or drugs; 
and 

(2) He is not currently an excessive user of alcohol or 
drugs . 

If the Division restores the person's license, it may place 
reasonable conditions or restrictions on the person for the 
duration of the original revocation period. 

(e) When a person's license is revoked under subdivision (2) 
of G.S. 20-17 and the person has two or more previous convictions 
of an offense involving impaired driving, and the most recent 
conviction occurred within the five years immediately preceding 
the date of the offense for which his license is being revoked, 
the revocation is permanent. The Division may, however, 
conditionally restore the person's license after it has been 
revoked for at least three years under this subsection if he 
provides the Division with satisfactory proof that: 

(1) In the three years immediately preceding the 
person's application for a restored license, he has 
not been convicted in North Carolina or in any 
other state or federal court of a motor vehicle 
offense, an alcohol beverage control law offense, a 
drug law offense, or any criminal offense involving 
the consumption of alcohol or drugs; and 

(2) He is not currently an excessive user of alcohol or 
drugs. 

If the Division restores the person's license, it may place 
reasonable conditions or restrictions on the person for any 
period up to three years from the date of restoration. 

(i) When a person's license is revoked under subdivision (1) 
or (9) of G.S. 20-17 and the offense is one involving impaired 
driving, the revocation is permanent. The Division may, however, 
conditionally restore the person's license after it has been 
revoked for at least three years in accordance with the procedure 
in subsection (e) of this section." 

— REVOCATION FOR FEDERAL COURT CONVICTIONS. 



Page 56 



Sec. 18. G.S. 20-23.2 is rewritten to read as follows: 
20-23.2. Suspension of license for conviction of offense 



involving impaired driving in federal court . --Upon receipt of 
notice of conviction in any court of the federal government of an 
offense involving impaired driving, the Division is authorized to 
revoke the driving privilege of the person convicted in the same 
manner as if the conviction had occurred in a court of this 
State. " 

--CONVICTION DEFINED. 

Sec. 19. G.S. 20-24, as it appears in the 1981 
Cumulative Supplement to the 1978 Replacement Volume 1C of the 
General Statutes, is amended in subdivision (c)(1) by inserting 
"with a magistrate's order or" between "served" and "with" on 
line 7 of the subsection, and is further amended by adding a new 
subsection to read as follows: 

"(e) When a court sends a report of a conviction of 
manslaughter to the Division, it must indicate on that report 
whether the manslaughter conviction is one involving impaired 
driving . " 

— CERTIFIED RECORDS BY P.I.N. 

Sec. 20. G.S. 20-26(b) is amended by deleting the 
second sentence and inserting in its place the following 
sentences: "A certified copy of a driver's records kept pursuant 
to subsection (a) may be sent by the Police Information Network. 
In addition to the uses authorized by G.S. 8-35.1, a copy 
certified under the authority of this section is admissible as 
prima facie evidence of the status of the person's license." 



— FORFEITURE OF VEHICLE. 

Section 21. Chapter 20 of the General Statutes is 
amended by adding a new G.S. 20-28.2 to read: 

" § 20-28.2. Fo r feiture of motor vehicle for impaired driving 
after impaired driving license revocation .--( a ) Meaning of 
'Impaired Driving License Revocation'. The revocation of a 
person's driver's license is an impaired driving license 



revocation if 
(1) 



20-16.4, 20- 
if the 



the revocation is pursuant to: 
G.S. 20-13.2, 20-16U) (8b) , 20-16.2, 
16.5, 20-17(2), or 20-17.2; or 
(2) G.S. 20-16(7), 20-17(1), or 20-17(9), 
offense involves impaired driving. 

(b) When Motor Vehicle Becomes Property Subject to Forfeiture. 
If at a sentencing hearing conducted pursuant to G.S. 20-179 the 
judge determines that the grossly aggravating factor described in 
G.S. 20-179(c)(2) applies, the motor vehicle that was driven by 
the defendant at the time he committed the offense of impaired 
driving becomes property subject to forfeiture. 

(c) Duty of Prosecutor To Notify Possible Innocent Parties. 
In any case in which a prosecutor determines that a motor vehicle 
driven by a defendant may be subject to forfeiture under this 
section, the prosecutor must determine the identity of the 
vehicle owner as shown on the certificate of title for the 



Page 57 



vehicle and he must also determine if there are any security 
interests noted on the vehicle's certificate of title. The State 
must notify the holder of each security interest that the vehicle 
may be subject to forfeiture and that he may intervene to protect 
his interest. If the defendant is not the owner, a similar 
notice must be served on the owner. The notice may be served by 
any means reasonably likely to provide actual notice, and must be 
served at least fourteen days before the forfeiture hearing. 

(d) Duty of Judge. The judge at sentencing must hold a 
hearing to determine if the vehicle should be forfeited. At the 
hearing the judge may order the forfeiture if he finds that: 
(1) The vehicle is subject to forfeiture; 

The vehicle is not primarily used by a member of 

the defendant's family or household for a business 

purpose or for driving to and from work or school; 

All potential innocent parties have been notified 

as required in subsection (c); and 

No party has shown that he is an innocent party as 

described in subsection (f). 

or the holder of a security interest has not been 

judge may continue the hearing to allow the State 

notice or he may decline to order 
which a judge does not order the 



(2) 

(3) 

(4) 

If the owner 
notified, the 
to serve the 
any case in 



forfeiture. In 
forfeiture of a 
into the record 



vehicle subject to forfeiture, he must enter 
detailed, written reasons for his decision. 

(e) Sale of Forfeited Vehicle Required. If the judge orders 
forfeiture of the vehicle pursuant to this section, he must order 
the sale of the vehicle. Proceeds of the sale must be paid to 
the school fund of the county in which the property was seized. 

(f) Innocent Party May Intervene. At any time before the 
forfeiture is ordered, the property owner or holder of a security 
interest, other than the defendant, may apply to protect his 
interest in the motor vehicle. The application may be made to a 
judge who has jurisdiction to try the impaired driving offense 
with which the motor vehicle is associated. The judge must order 
the vehicle returned to the owner if he finds that either the 
owner or the holder of a security interest is an innocent party. 

or holder of a security interest is an innocent party if 



An 
he 



owne r 



(1) 
(2) 



the 



Did not know and had no reason to know that 
defendant's driver's license was revoked; or 
Knew that the defendant's driver's license was 
revoked, but the defendant drove the vehicle 
without his consent. 
If an innocent party applies after the forfeited 
has been sold and the judge finds no laches in 
party's delay, the judge may order a payment to 
party from the net proceeds of the sale equal to 
security interest in the vehicle." 



motor 
the 
the 



vehicle 
innocent 
innocent 



his equity or 



— IMPAIRED DRIVING CHECKS. 

Sec. 22. Chapter 2U of the General Statutes is 
by adding a new G.S. 20-16. 3A to read as follows: 



amended 



Page 5! 



"§ 20-16. 3A. I mpaired d riving checks . --A law enforcement 
agency may make impaired driving checks of drivers of vehicles on 
highways and public vehicular areas if the agency: 

(1) Develops a systematic plan in advance that takes 
into account the likelihood of detecting impaired 
drivers, traffic conditions, number of vehicles to 
be stopped, and the convenience of the motoring 
publ ic . 

(2) Designates in advance the pattern both for stopping 
vehicles and for requesting drivers that are 
stopped to submit to alcohol screening tests. The 
plan may include contingency provisions for 
altering either pattern if actual traffic 
conditions are different from those anticipated, 
but no individual officer may be given discretion 
as to which vehicle is stopped or, of the vehicles 
stopped, which driver is requested to submit to an 
alcohol screening test. 

(3) Marks the area in which checks are conducted to 
advise the public that an authorized impaired 
driving check is being made. 

This section does not prevent an officer from using the authority 
of G.S. 20-16.3 to request a screening test if, in the course of 
dealing with a driver under the authority of this section, he 
develops grounds for requesting such a test under G.S. 20-16.3. 
Alcohol screening tests and the results from them are subject to 
the provisions of subsections (b), (c), and (d) of G.S. 20-16.3. 
This section does not limit the authority of a law enforcement 
officer or agency to conduct a license check independently or in 
conjunction with the impaired driving check, to administer 
psychophysical tests to screen for impairment, or to utilize 
roadblocks or other types of vehicle checks or checkpoints that 
are consistent with the laws of this State and the Constitution 
of North Carolina and of the United States." 



— REPEAL OF PRESENT OFFENSES. 

Sec. 23. G.S. 20-138, 
are repealed. 



20-139, 20-140(c), and 20-140(e) 



— IMPA 

by not 
pu rpos 
"§ 2 
the of 
highwa 
State: 



IRED DRIVING OFFENSE DEFINED. 

Sec. 24. Chapter 20 of the General Statutes is amended 
ing that G.S. 20-138.2 is reserved for future codification 
es and by adding a new G.S. 20-138.1 to read as follows: 
0-138.1. Impaired driving. --( a) Offense. A person commits 
fense of impaired driving if he drives any vehicle upon any 
y, any street, or any public vehicular area within this 



(1) 
(2) 



the 



influence 



of 



an 



impal ring 



While under 

substance ; or 

After having consumed sufficient alcohol that he 

has, at any relevant time after the driving, an 

alcohol concentration of 0.10 or more. 



Page 59 



(b) Defense Precluded. The fact that a person charged with 
violating this section is or has been legally entitled to use 
alcohol or a drug is not a defense to a charge under this 
section . 

(c) Pleading. In any prosecution for impaired driving, the 
pleading is sufficient if it states the time and place of the 
alleged offense in the usual form and charges that the defendant 
drove a vehicle on a highway or public vehicular area while 
subject to an impairing substance. 

(d) Sentencing Hearing and Punishment. Impaired driving as 
defined in this section is a misdemeanor. Upon conviction of a 
defendant of impaired driving, the presiding judge must hold a 
sentencing hearing and impose punishment in accordance with G.S. 
20-179. " 

--PROSECUTOR DISCLOSURE REQUIREMENTS. 

Sec. 25. Chapter 20 of the General Statutes is amended 
by adding a new section, G.S. 20-138.4, to read as follows: 

"§ 20-138.4. Requirement that prosecutor explain reduction or 

dismissal of ch arge involving impair ed driving . --Any prosecutor 

must enter detailed facts in the record of any case involving 
impaired driving explaining the reasons for his action if he: 

(1) Enters a voluntary dismissal; or 

(2) Accepts a plea of guilty or no contest to a lesser 
included offense; or 

(3) Substitutes another charge, by statement of charges 
or otherwise, if the substitute charge carries a 
lesser mandatory minimum punishment or is not an 
offense involving impaired driving; or 

(4) Otherwise takes a discretionary action that 
effectively dismisses or reduces the original 
charge in the case involving impaired driving. 
General explanations such as 'interests of justice' 
or 'insufficient evidence' are not sufficiently 
detailed to meet the requirements of this section." 

— CHEMICAL TESTING PROCEDURES. 

Sec. 26. G.S. 20-139.1 is rewritten to read as follows: 

"§ 20-139.1. Proc edures governing chemical analyses; 
admissibility; evident iary prov isions; cont rolled-dr inking 
programs . — (a) Chemical Analysis Admissible. In any implied- 
consent offense under G.S. 20-16.2, a person's alcohol 
concentration as shown by a chemical analysis is admissible in 
evidence. This section does not limit the introduction of other 
competent evidence as to a defendant's alcohol concentration, 
including other chemical tests. 

(b) Approval of Valid Test Methods; Licensing Chemical 
Analysts. A chemical analysis, to be valid, must be performed in 
accordance with the provisions of this section. The chemical 
analysis must be performed according to methods approved by the 
Commission for Health Services by an individual possessing a 
current permit issued by the Department of Human Resources for 
that type of chemical analysis. The Commission for Health 



Page 60 



Services is authorized to adopt regulations approving 
satisfactory methods or techniques for performing chemical 
analyses, and the Department of Human Resources is authorized to 
ascertain the qualifications and competence of individuals to 
conduct particular chemical analyses. The Department may issue 
permits to conduct chemical analyses to individuals it finds 
qualified subject to periodic renewal, termination, and 
revocation of the permit in the Department's discretion. 

(bl) Arresting or Charging Officer May Not Perform Chemical 
Analysis. A chemical analysis is not valid in any case in which 
it is performed by an arresting officer or by a charging officer 
under the terms of G.S. 20-16.2. 

( b2 ) Breath Analysis Results Inadmissible if Preventive 
Maintenance Not Performed. Notwithstanding the provisions of 
subsection (b), the results of a chemical analysis of a person's 
breath performed in accordance with this section are not 
admissible in evidence if: 

(1) The defendant objects to the introduction into 
evidence of the results of the chemical analysis of 
his breath; and 

(2) The defendant demonstrates that, with respect to 
the instrument used to analyze his breath, 
preventive maintenance procedures required by the 
regulations of the Commission for Health Services 
had not been performed within the time limits 
prescribed by those regulations. 

(b3) Sequential Breath Tests Required. By January 1, 1985, 
the regulations of the Commission for Health Services governing 
the administration of chemical analyses of the breath must 
require the testing of at least duplicate sequential breath 
samples. Those regulations must provide: 

(1) A specification as to the minimum observation 
period before collection of the first breath sample 
and the time requirements as to collection of 
second and subsequent samples. 

(2) That the test results may only be used to prove a 
person's particular alcohol concentration if: 

a. The pair of readings employed are from 
consecutively administered tests; and 

b. The readings do not differ from each other by 
an alcohol concentration greater than 0.02. 

(3) That when a pair of analyses meets the requirements 
of subdivision (2), only the lower of the two 
readings may be used by the State as proof of a 
person's alcohol concentration in any court or 
administrative proceeding. 

A person's willful refusal to give the sequential breath samples 
necessary to constitute a valid chemical analysis is a willful 
refusal under G.S. 20-16. 2(c). 

(c) Withdrawal of Blood for Chemical Analysis. When a blood 
test is specified as the type of chemical analysis by the 
charging officer, only a physician, registered nurse, or other 
qualified person may withdraw the blood sample. If the person 



Page 61 



withdrawing the blood requests written confirmation of the 
charging officer's request for the withdrawal of blood, the 
officer must furnish it before blood is withdrawn. When blood is 
withdrawn pursuant to a charging officer's request, neither the 
person withdrawing the blood nor any hospital, laboratory, or 
other institution, person, firm, or corporation employing him, or 
contracting for the service of withdrawing blood, may be held 
criminally or civilly liable by reason of withdrawing that blood, 
except that there is no immunity from liability for negligent 
acts or omissions. 

(d) Right to Additional Test. A person who submits to a 
chemical analysis may have a qualified person of his own choosing 
administer an additional chemical test or tests, or have a 
qualified person withdraw a blood sample for later chemical 
testing by a qualified person of his own choosing. Any law 
enforcement officer having in his charge any person who has 
submitted to a chemical analysis must assist the person in 
contacting someone to administer the additional testing or to 
withdraw blood, and must allow access to the person for that 
purpose. The failure or inability of the person who submitted to 
a chemical analysis to obtain any additional test or to withdraw 
blood does not preclude the admission of evidence relating to the 
chemical analysis. 

(e) Recording Results of Chemical Analysis of Breath. The 
chemical analyst who administers a test of a person's breath must 
record the following information after making any chemical 
analysi s : 

(1) The alcohol concentration or concentrations 
revealed by the chemical analysis. 

(2) The time of the collection of the breath sample or 
samples used in the chemical analysis. 

A copy of the record of this information must be furnished to the 
person submitting to the chemical analysis, or to his attorney, 
before any trial or proceeding in which the results of the 
chemical analysis may be used. 

(el) Use of Chemical Analyst's Affidavit in District Court. 
An affidavit by a chemical analyst sworn to and properly executed 
before an official authorized to administer oaths is admissible 
in evidence without further authentication in any hearing or 
trial in the District Court Division of the General Court of 
Justice with respect to the following matters: 

(1) The alcohol concentration or concentrations of a 
person given a chemical analysis and who is 
involved in the hearing or trial. 

(2) The time of the collection of the blood or breath 
sample or samples for the chemical analysis. 

(3) The type of chemical analysis administered and the 
procedures followed. 

(4) The type and status of any permit issued by the 
Department of Human Resources that he held on the 
date he performed the chemical analysis in 
quest ion . 



Page 62 



(5) If the chemical analysis is performed on a breath- 
testing instrument for which regulations adopted 
pursuant to subsection (b) require preventive 
maintenance, the date the most recent preventive 
maintenance procedures were performed on the 
breath-testing instrument used, as shown on the 
maintenance records for that instrument. 
The Department of Human Resources must develop a form for use by 
chemical analysts in making this affidavit. If any person who 
submitted to a chemical analysis desires that a chemical analyst 
personally testify in the hearing or trial in the District Court 
Division, he may subpoena the chemical analyst and examine him as 
if he were an adverse witness. 

(f) Evidence of Refusal Admissible. If any person charged 
with an impl ied-consent offense refuses to submit to a chemical 
analysis, evidence of that refusal is admissible in any criminal 
action against him for an impl ied-consent offense under G.S. 20- 
16.2. 

(g) Controlled-Dr inking Programs. The Department of Human 
Resources is empowered to make regulations concerning the 
ingestion of controlled amounts of alcohol by individuals 
submitting to chemical testing as a part of scientific, 
experimental, educational, or demonstration programs. These 
regulations must prescribe procedures consistent with controlling 
federal law governing the acquisition, transportation, 
possession, storage, administration, and disposition of alcohol 
intended for use in the programs. Any person in charge of a 
cont rolled-drink i ng program who acquires alcohol under these 
regulations must keep records accounting for the disposition of 
all alcohol acquired, and the records must at all reasonable 
times be available for inspection upon the request of any 
federal, State, or local law enforcement officer with 
jurisdiction over the laws relating to control of alcohol. A 
controlled-drinking program exclusively using lawfully purchased 
alcoholic beverages in places in which they may be lawfully 
possessed, however, need not comply with the record-keeping 
requirements of the regulations authorized by this subsection. 
All acts pursuant to the regulations reasonably done in 
furtherance of bona fide objectives of a controlled-drinking 
program authorized by the regulations are lawful notwithstanding 
the provisions of any other general or local statute, regulation, 
or ordinance controlling alcohol." 

--FELONY AND MISDEMEANOR DEATH BY VEHICLE. 

Sec. 27. G.S. 20-141.4 is rewritten to read as follows: 

"§ 20-141.4. Fel ony and misdemeanor death by vehicle . — (a) 
( Repealed . ) 

(al) Felony Death by Vehicle. A person commits the offense of 
felony death by vehicle if he unintentionally causes the death of 
another person while engaged in the offense of impaired driving 
under G.S. 20-138.1 and commission of that offense is the 
proximate cause of the death. 



Page 63 



(a2) Misdemeanor Death by Vehicle. A person commits the 
offense of misdemeanor death by vehicle if he unintentionally 
causes the death of another person while engaged in the violation 
of any State law or local ordinance applying to the operation or 
use of a vehicle or to the regulation of traffic, other than 
impaired driving under G.S. 20-138.1, and commission of that 
violation is the proximate cause of the death. 

(b) Punishments. Felony death by vehicle is a Class I felony. 
Misdemeanor death by vehicle is a misdemeanor punishable by a 

fine of not more than five hundred dollars ($500.00), 
imprisonment for not more than two years, or both, in the 
discretion of the court. 

(c) No Double Prosecutions. No person who has been placed in 
jeopardy upon a charge of death by vehicle may be prosecuted for 
the offense of manslaughter arising out of the same death; and no 
person who has been placed in jeopardy upon a charge of 
manslaughter may be prosecuted for death by vehicle arising out 
of the same death." 

--IMPAIRED DRIVING APPLICABLE TO ROAD CONSTRUCTION VEHICLES. 

Sec. 28. The numbered subdivisions of G.S. 20-168(b) 
are rewritten to read as follows: 

"(1) G.S. 20-138.1. Impaired driving. 

( 2) (Repealed. ) 

(3) G.S. 20-139.1. Procedures governing chemical 
analyses; admissibility; evidentiary provisions; 
control led-dr inking programs. 

(4) G.S. 20-140. Reckless driving. 

( 5 ) ( Repealed. ) 

(6) G.S. 20-141. Speed restrictions. 

(7) G.S. 20-141.3. Unlawful racing on streets and 
highways . 

(8) G.S. 20-141.4. Felony and misdemeanor death by 
vehi cle . " 

--SENTENCING PROCEDURES AND PUNISHMENT FOR IMPAIRED DRIVING 
OFFENSES. 

Sec. 29. G.S. 20-179 and G.S. 20-179.1 are rewritten to 
read as follows: 

" § 20-179. Sentencing hearing after conviction for impaired 
driving; determination of grossly aggravating and aggravating and 
mitigating factors; p uni shments . -- ( a ) Sentencing Hearing 
Required. After a conviction for impaired driving under G.S. 20- 
138.1, the judge must hold a sentencing hearing to determine 
whether there are aggravating or mitigating factors that affect 
the sentence to be imposed. Before the hearing the prosecutor 
must make all feasible efforts to secure the defendant's full 
record of traffic convictions, and must present to the judge that 
record for consideration in the hearing. Upon request of the 
defendant, the prosecutor must furnish the defendant or his 
attorney a copy of the defendant's record of traffic convictions 
at a reasonable time prior to the introduction of the record into 
evidence. In addition, the prosecutor must present all other 



Page 64 



under G.S. 
caused by 



20- 
the 



appropriate grossly aggravating and aggravating factors of which 
he is aware, and the defendant or his attorney may present all 
appropriate mitigating factors. In every instance in which a 
valid chemical analysis is made of the defendant, the prosecutor 
must present evidence of the resulting alcohol concentration. 

( b ) ( Repealed . ) 

(c) Determining Existence of Grossly Aggravating Factors. At 
the sentencing hearing, based upon the evidence presented at 
trial and in the hearing, the judge must first determine wnether 
there are any grossly aggravating factors in the case. If the 
defendant has been convicted of two or more prior offenses 
involving impaired driving, if the convictions occurred within 
seven years of the date of the offense for which he is being 
sentenced, the judge must impose the Level One punishment under 
subsection (g)- The judge must also impose the Level One 
punishment if he determines that two or more of the following 
grossly aggravating factors apply: 

(1) A single conviction for an offense involving 
impaired driving, if the conviction occurred within 
seven years of the date of the offense for which 
the defendant is being sentenced. 

(2) Driving by the defendant while his driver's license 
was revoked under G.S. 20-28, and the revocation 
was an impaired driving revocation 
28.2(a) . 

(3) Serious injury to another person 
defendant's impaired driving. 

If the judge determines that only one of the 
aggravating factors applies, he must impose 
punishment under subsection (h). In imposing a Level One or Two 
punishment, the judge may consider the aggravating and mitigating 
factors in subsections (d) and (e) in determining the appropriate 
sentence. If there are no grossly aggravating factors in the 
case, the judge must weigh all aggravating and mitigating factors 
and impose punishment as required by subsection (f). 

(d) Aggravating Factors To Be Weighed. The judge must 
determine before sentencing under subsection (f) whether any of 
the aggravating factors listed below apply to the defendant. The 
judge must weigh the seriousness of each aggravating factor in 
the light of the particular circumstances of the case. The 
factors are: 

(1) Gross impairment of the defendant's faculties while 
driving or an alcohol concentration of 0.20 or more 
within a relevant time after the driving. 

(2) Especially reckless or dangerous driving. 

(3) Negligent driving that led to an accident causing 
property damage in excess of five hundred dollars 
($500.00) or personal injury. 

(4) Driving by the defendant while his driver's license 
was revoked. 

(5) Two or more prior convictions of a motor vehicle 
offense not involving impaired driving for which at 
least three points are assigned under G.S. 20-16 or 



above grossly 
the Level Two 



Page 65 



for which the convicted person's license is subject 
to revocation, if the convictions occurred within 
five years of the date of the offense for which the 
defendant is being sentenced, or one or more prior 
convictions of an offense involving impaired 
driving that occurred more than seven years before 
the date of the offense for which the defendant is 
being sentenced. 

(6) Conviction under G.S. 20-141(j) of speeding by the 
defendant while fleeing or attempting to elude 
apprehension, if the offense occurred during the 
same act or transaction as the impaired driving 
offense . 

(7) Conviction under G.S. 20-141 of speeding by the 
defendant by at least 30 miles per hour over the 
legal limit, if the offense occurred during the 
same act or transaction as the impaired driving 
offense . 

(8) Passing a stopped school bus in violation of G.S. 
20-217. 

(9) Any other factor that aggravates the seriousness of 
the offense. 

(e) Mitigating Factors To Be Weighed. The judge must also 
determine before sentencing under subsection (f) whether any of 
the mitigating factors listed below apply to the defendant. The 
judge must weigh the degree of mitigation of each factor in light 
of the particular circumstances of the case. The factors are: 

(1) Slight impairment of the defendant's faculties 
resulting solely from alcohol, and an alcohol 
concentration that did not exceed 0.11 at any 
relevant time after the driving. 

(2) Slight impairment of the defendant's faculties, 
resulting solely from alcohol, with no chemical 
analysis having been available to the defendant. 

(3) Driving at the time of the offense that was safe 
and lawful except for the impairment of the 
defendant's faculties. 

(4) A safe driving record, with the defendant's having 
no conviction for any serious traffic violation 
within five years of the date of the offense for 
which the defendant is being sentenced. 

(5) Impairment of the defendant's faculties caused 
primarily by a lawfully prescribed drug for an 
existing medical condition, and the amount of the 
drug taken was within the prescribed dosage. 

(6) The defendant's voluntary submission to a mental 
health facility for assessment after he was charged 
with impaired driving, and, if recommended by the 
facility, his voluntary participation in the 
recommended treatment. 

(7) Any other factor that mitigates the seriousness of 
the offense. 



Page 66 



(f) Weighing the Aggravating and Mitigating Factors. If the 
judge in the sentencing hearing determines that there are no 
grossly aggravating factors, he must weigh all aggravating and 
mitigating factors listed in subsections (d) and (e). If the 
judge determines that: 

(1) The aggravating factors substantially outweigh any 
mitigating factors, he must note in the judgment 
the factors found and his finding that the 
defendant is subject to the Level Three punishment 
and impose a punishment within the limits defined 
in subsect ion ( i ) . 

(2) There are no aggravating and mitigating factors, or 
that aggravating factors are substantially 
counterbalanced by mitigating factors, he must note 
in the judgment any factors found and his finding 
that the defendant is subject to the Level Four 
punishment and impose a punishment within the 
limits defined in subsection (j). 

(3) The mitigating factors substantially outweigh any 
aggravating factors, he must note in the judgment 
the factors found and his finding that the 
defendant is subject to the Level Five punishment 
and impose a punishment within the limits defined 
in subsection (k). 

It is not a mitigating factor that the driver of the vehicle was 
suffering from alcoholism, drug addiction, diminished capacity, 
or mental disease or defect. Evidence of these matters may be 
received in the sentencing hearing, however, for use by the judge 
in formulating terms and conditions of sentence after determining 
which punishment level must be imposed. 

(g) Level One Punishment. A defendant subject to Level One 
punishment may be fined up to two thousand dollars ($2,000) and 
must be sentenced to a term of imprisonment of not less than 14 
days and not more than 24 months. The term of imprisonment may 
be suspended only if a condition of special probation is imposed 
to require the defendant to serve a term of imprisonment of at 
least 14 days. If the defendant is placed on probation, the 
judge must, if required by subsections (1) or (m), impose the 
conditions relating to treatment and education described in those 
subsections. The judge may impose any other lawful condition of 
probation. If the judge does not place on probation a defendant 
who is otherwise subject to the mandatory assessment and 
treatment provisions of subsection (m), he must include in the 
record of the case his reasons for not doing so. 

(h) Level Two Punishment. A defendant subject to Level Two 
punishment may be fined up to one thousand dollars ($1,000) and 
must be sentenced to a term of imprisonment of not less than 
seven days and not more than 12 months. The term of imprisonment 
may be suspended only if a condition of special probation is 
imposed to require the defendant to serve a term of imprisonment 
of at least seven days. If the defendant is placed on probation, 
the judge must, if requited by subsections (1) or (m), impose the 
conditions relating to treatment and education described in those 



Page 67 



subsections. The judge may impose any other lawful condition of 
probation. If the judge does not place on probation a defendant 
who is otherwise subject to the mandatory assessment and 
treatment provisions of subsection (m), he must include in the 
record of the case his reasons for not doing so. 

(i) Level Three Punishment. A defendant subject to Level 
Three punishment may be fined up to five hundred dollars 
($500.00) and must be sentenced to a term of imprisonment of not 
less than 72 hours and not more than six months. The term of 
imprisonment must be suspended, on the condition that the 
defendant : 

(1) Be imprisoned for a term of at least 72 hours as a 
condition of special probation; or 

(2) Perform community service for a term of at least 72 
hours ; or 

(3) Not operate a motor vehicle for a term of at least 
90 days; or 

(4) Any combination of these conditions. 

The judge in his discretion may impose any other lawful condition 
of probation and, if required by subsections (1) or (m), must 
impose the conditions relating to treatment and education 
described in those subsections. This subsection does not affect 
the right of a defendant to elect to serve the suspended sentence 
of imprisonment as provided in G.S. 15A-1341(c). 

(j) Level Four Punishment. A defendant subject to Level Four 
punishment may be fined up to two hundred fifty dollars ($250.00) 
and must be sentenced to a term of imprisonment of not less than 
48 hours and not more than 120 days. The term of imprisonment 
must be suspended, on the condition that the defendant: 

(1) Be imprisoned for a term of 48 hours as a condition 

of special probation; or 

Perform community service for a term of 48 hours; 

or 

Not operate a motor vehicle for a term of 60 days; 

or 

Any combination of these conditions, 
in his discretion may impose any other lawful 

probation and, if required by subsections (1) or 
(m), must impose the conditions relating to treatment and 
education described in those subsections. This subsection does 
not affect the right of a defendant to elect to serve the 
suspended sentence of imprisonment as provided in G.S. 
15A-1341(c) . 

(k) Level Five Punishment. A defendant subject to Level Five 
punishment may be fined up to one hundred dollars ($100.00) and 
must be sentenced to a term of imprisonment of not less than 24 
hours and not more than 60 days. The term of imprisonment must 
be suspended, on the condition that the defendant: 

(1) Be imprisoned for a term of 24 hours as a condition 
of special probation; or 

(2) Perform community service for a term of 24 hours; 
or 





(2) 




(3) 




(4) 


The 


judge 


condi 


tion of 



Page 68 



(3) Not operate a motor vehicle for a term of 30 days; 
or 

(4) Any combination of these conditions. 

The judge may in his discretion impose any other lawful 
condition of probation and, if required subsections (1) or (m), 
must impose the conditions relating to treatment and education 
described in those subsections. This subsection does not affect 
the right of a defendant to elect to serve the suspended sentence 
of imprisonment as provided in G.S. 15A-1341(c). 

(1) Education Required in Certain Cases. If a defendant being 
sentenced under this section is placed on probation, he must be 
required as a condition of that probation to complete the course 
of instruction sucessfully at an Alcohol and Drug Education 
Traffic School established pursuant to G.S. 20-179.2 within 90 
days of the date of conviction unless: 

(1) He has previously been assigned to an Alcohol and 
Drug Education Traffic School and has successfully 
completed the course of instruction; or 

(2) The judge finds that the defendant will not benefit 
from the course of instruction because of specific, 
extenuating circumstances. 

(m) Assessment and Treatment Required in Certain Cases. If a 
defendant being sentenced under this section is placed on 
probation, he must be required as a condition of that probation 
to obtain a substance abuse assessment if: 

(1) He had an alcohol concentration of 0.20 or more as 
indicated by a chemical analysis taken when he was 
charged; or 

(2) He has a prior conviction for an offense involving 
impaired driving within the five years preceding 
the date of the offense for which he is being 
sentenced and, when he was charged with the current 
offense, he either: 

a. Had an alcohol concentration of 0.10 or more; 
or 

b. Willfully refused to submit to a chemical 
analysi s . 

The judge must require the defendant to obtain the assessment 
from an area mental health agency, its designated agent, or a 
private facility licensed by the State for the treatment of 
alcoholism and substance abuse. In addition, he must require the 
defendant to participate in a treatment program if recommended by 
the assessing agency, and he must require the defendant to 
execute a Release of Information authorizing the treatment agency 
to report his progress to the court or the Division of Adult 
Probation and Parole. The judge may order the defendant to 
participate in an appropriate treatment program at the time he is 
ordered to obtain an assessment, or he may order him to reappear 
in court when the assessment is completed to determine if a 
condition of probation requiring participation in treatment 
should be imposed. The judge must require the defendant to pay 
twenty-five dollars ($25.00) for the services of the assessment 
facility and the treatment fees that may be charged by the 



Page 69 



treatment facility. If the defendant is treated by an area 
mental health facility, G.S. 122-35.47 applies. Any 
determinations with regard to the defendant's ability to pay the 
assessment fee must be made by the judge. In those cases in 
which no substance abuse handicap is identified, that finding 
must be forwarded in writing to the court. When treatment is 
required, the treatment agency's progress reports must be filed 
with the court or the Division of Adult Probation and Parole at 
intervals of no greater than six months until the termination of 
probation or the treatment agency determines and reports that no 
further treatment is appropriate. 

(n) Time Limits for Performance of Community Service. If the 
judgment requires the defendant to perform a specified number of 
hours of community service as provided in subsections (i), (j), 
or (k), the community service must be completed: 

(1) Within 90 days, if the amount of community service 
required is 72 hours or more; or 

(2) Within 60 days, if the amount of community service 
required is 48 hours; or 

(3) Within 30 days, if the amount of community service 
required is 24 hours. 

The court may extend these time limits upon motion of the 
defendant if it finds that the defendant has made a good faith 
effort to comply with the time limits specified in this 
subsection. Failure to complete the community service 
requirement within the applicable time limits is a violation of 
the defendant's probation and, in addition, is a ground for 
revocation of any limited driving privilege held by the defendant 
for the impaired driving offense. 

(o) Evidentiary Standards; Proof of Prior Convictions. In the 
sentencing hearing, the State must prove any grossly aggravating 
or aggravating factor by the greater weight of the evidence, and 
the defendant must prove any mitigating factor by the greater 
weight of the evidence. Evidence adduced by either party at 
trial may be utilized in the sentencing hearing. Except as 
modified by this section, the procedure in G.S. 15A-1334(b) 
governs. The judge may accept any evidence as to the presence or 
absence of previous convictions that he finds reliable but he 
must give prima facie effect to convictions recorded by the 
Division or any other agency of the State of North Carolina. A 
copy of such conviction records transmitted by the police 
information network in general accordance with the procedure 
authorized by G.S. 20-26(b) is admissible in evidence without 
further authentication. If the judge decides to impose an active 
sentence of imprisonment that would not have been imposed but for 
a prior conviction of an offense, the judge must afford the 
defendant an opportunity to introduce evidence that the prior 
conviction had been obtained in a case in which he was indigent, 
had no counsel, and had not waived his right to counsel. If the 
defendant proves by the preponderance of the evidence all three 
above facts concerning the prior case, that conviction may not be 
used as the basis for imposing an active sentence of 
impr i sonment . 



Page 70 



(p) Limit on Ameliorations of Punishment. With respect to the 
period of any minimum active term of imprisonment or minimum or 
specific term of imprisonment as a condition of special probation 
under this section: 

(1) The judge may not give credit to the defendant for 
the first 24 hours of time spent in incarceration 
pending trial. 

(2) No good time or gain time may be credited to reduce 
the minimum or specified term of imprisonment. 

(3) The defendant may not be released on parole. 

(q) Meaning of 'Conviction'. For the purposes of this 
Article, 'conviction' includes a guilty verdict, guilty plea, 
plea of no contest, or anything that would be treated as a 
conviction under G.S. 20-24(c). 

"§ 20-179.1. Pre senten c e i nv esti g ation of persons convicted of 
offense involv ing impaired driving . --When a person has been 
convicted of an offense involving impaired driving, the trial 
judge may request a presentence investigation to determine 
whether the person convicted would benefit from treatment for 
habitual use of alcohol or drugs. If the person convicted 
objects, no presentence investigation may be ordered, but the 
judge retains his power to order suitable treatment as a 
condition of probation, and must do so when required by statute." 

— ALCOHOL AND DRUG EDUCATION TRAFFIC SCHOOLS. 

Sec. 30. G.S. 20-179.2 is amended by repealing 
subsection (b) and by designating the present subdivisions 
(a)(1), (a)(2), (a)(3), and (a)(4) as subsections (c), (d), (e), 
and (f), respectively. That section is further amended by 
deleting the fourth sentence of the present subdivision (a)(1) 
(redesignated as subsection (c)) and inserting in its place the 
following sentence: 

"The fee must be paid in full within two weeks from the date 
school attendance is ordered as a condition of probation, unless 
the court, upon a showing of hardship by the person, allows the 
person additional time to pay the fee." 

--LIMITED DRIVING PRIVILEGE. 

Sec. 31. Chapter 20 of the General Statutes is amended 
by adding a new G.S. 20-179.3 to read as follows: 

"§ 20-179.3. Limited d riv ing pr i vi lege . -- ( a ) Definition of 
Limited Driving Privilege. A limited driving privilege is a 
judgment issued in the discretion of a court for good cause shown 
authorizing a person with a revoked driver's license to drive for 
essential purposes related to any of the following: 

(1) His employment. 

(2) The maintenance of his household. 

( 3 ) His education . 

(4) His court-ordered treatment or assessment. 

(5) Community service ordered as a condition of the 
person's probation. 

(6) Emergency medical care. 



Page 71 



within the 
an offense 



(b) Eligibility. A person convicted of the offense of 
impaired driving under G.S. 20-138.1 is eligible for a limited 
driving privilege if: 

(1) At the time of the offense he held a valid driver's 
license; 

(2) At the time of the offense he had not 
preceding 10 years been convicted of 
involving impaired driving; 

(3) Punishment Level Three, Four, or Five was imposed 
for the offense of impaired driving; and 

(4) Subsequent to the offense he has not been convicted 
of, or had an unresolved charge lodged against him 
for, an offense involving impaired driving. 

A person whose North Carolina driver's license is revoked 
because of a conviction in another jurisdiction substantially 
equivalent to impaired driving under G.S. 20-138.1 is eligible 
for a limited driving privilege if he would be eligible for it 
had the conviction occurred in North Carolina. Eligibility for a 
limited driving privilege following a revocation under G.S. 
20-16. 2(d) is governed by G.S. 20-16. 2(el). 

(c) Privilege Not Effective Until After Compliance With Court- 
Ordered Revocation. A person convicted of an impaired driving 
offense may apply for a limited driving privilege at the time the 
judgment is entered. If the judgment does not require the person 
to complete a period of nonoperation pursuant to G.S. 20-179, the 
privilege may be issued at the time the judgment is issued. If 
the judgment requires the person to complete a period of 
nonoperation pursuant to G.S. 20-179, the limited driving 
privilege may not be effective until the person successfully 
completes that period of nonoperation. A person whose license is 
revoked because of a conviction in another jurisdiction 
substantially equivalent to impaired driving under G.S. 20-138.1 
may apply for a limited driving privilege only after having 
completed at least 60 days of a court-imposed term of 
nonoperation of a motor vehicle, if the court in the other 
jurisdiction imposed such a term of nonoperation. 

(d) Application for and Scheduling of Subsequent Hearing. The 
application for a limited driving privilege made subsequent to 
sentencing must be filed with the clerk in duplicate, and no 
hearing scheduled may be held until a reasonable time after the 
clerk files a copy of the application with the district 
attorney's office. The hearing must be scheduled before: 

(1) The presiding judge at the applicant's trial if 
that judge is assigned to a court in the judicial 
district in which the conviction for impaired 
driving was imposed. 

(2) The senior regular resident superior court judge of 
the district in which the conviction for impaired 
driving was imposed, if the presiding judge is not 
available within the district and the conviction 
was imposed in superior court. 

(3) The chief district court judge of the district in 
which the conviction for impaired driving was 



Page 72 



imposed, if the presiding judge is not available 
within the district and the conviction was imposed 
in district court. 
If the applicant was convicted of an offense in another 
jurisdiction, the hearing must be scheduled before the chief 
district court judge of the district in which he resides. G.S. 
20-16. 2(el) governs the judge before whom a hearing is scheduled 
if the revocation was under G.S. 20-16. 2(d). The hearing may be 
scheduled in any county within the judicial district. 

(e) Limited Basis for and Effect of Privilege. A limited 
driving privilege issued under this section authorizes a person 
to drive if his license is revoked solely under G.S. 20-17(2) or 
as a result of a conviction in another jurisdiction substantially 
equivalent to impaired driving under G.S. 20-138.1; if the 
person's license is revoked under any other statute, the limited 
driving privilege is invalid. 

(f) Overall Restriction on Use of Privilege. In addition to 
specific restrictions that must be imposed under subsection (g), 
a limited driving privilege must restrict the applicant to 
essential driving related to the purposes listed in subsection 
(a). Driving related to emergency medical care is authorized at 
any time, but any other driving is unlawful unless it is for a 
purpose listed in subsection (a) and is within the times and at a 
place authorized under the subsection (g). 

(g) Specific Restrictions on Driving Required to Be Stated. 
Under this section, 'standard working hours' are 6:00 a.m. to 

8:00 p.m. on Monday through Friday. If the applicant is not 
required to drive for essential work-related purposes except 
during standard working hours, the judge in the limited driving 
pr ivi lege : 

(1) Must prohibit driving during nonstandard working 
hours except for essential driving related to 
emergency medical care and specified essential 
driving for the applicant's education or court- 
ordered assessment, treatment, or community 
se rvi ce ; and 

(2) May state other information and restrictions 
applicable to work-related driving during standard 
work ing hours . 

The judge in the limited driving privilege may not allow the 
applicant to drive for maintenance of his household except during 
standard working hours, and the judge may impose any additional 
restrictions on such driving. If the applicant is required to 
drive for essential work-related purposes during nonstandard 
working hours, he must present documentation of that fact to the 
court before the judge may authorize him to drive during 
nonstandard working hours. If this authorization is granted, the 
limited driving privilege must contain the exact times and routes 
in which the holder will be cUiving to work or as a condition of 
employment, and restrict driving to those times and routes. The 
judge may also impose other restrictions, including a 
specification as to the vehicle to be driven. The judge must 
give the name and location of the place of work and may include 



Page 73 



any other information as to residence and essential driving needs 
that may assist law enforcement officers inspecting the limited 
driving privilege. If the applicant seeks permission to drive to 
and from court-ordered assessment, treatment, or community 
service or an educational program, including an Alcohol and Drug 
Education Traffic School, the judge must find that the applicant 
has no reasonable alternative to his driving. If the judge makes 
such a finding, he may authorize driving for that purpose, but if 
the driving will occur during nonstandard working hours, the 
judge must state the same information and restrictions applicable 
to work-related driving during those hours. 

(h) Other Mandatory and Permissive Conditions or Restrictions. 
In all limited driving privileges the judge must also include a 
restriction that the applicant not consume alcohol while driving 
or drive at any time while he has remaining in his body any 
alcohol or in his blood a controlled substance previously 
consumed, unless the controlled substance was lawfully obtained 
and taken in therapeutically appropriate amounts. The judge may 
impose any other reasonable restrictions or conditions necessary 
to achieve the purposes of this section. 

(i) Modification or Revocation of Privilege. A judge who 
issues a limited driving privilege is authorized to modify or 
revoke the limited driving privilege upon a showing that the 
circumstances have changed sufficiently to justify modification 
or revocation. If the judge who issued the limited driving 
privilege is not available, a judge authorized to issue a limited 
driving privilege under subsection (d) may modify or revoke a 
limited driving privilege in accordance with this subsection. The 
judge must indicate in the order of modification or revocation 
the reasons for the order, or he must make specific findings 
indicating the reason for the order and those findings must be 
entered in the record of the case. 

(j) Effect of Violation of Restriction. A holder of a limited 
driving privilege who violates any of its restrictions commits 
the offense of driving while his license is revoked under G.S. 
20-28(a) and is subject to punishment and license revocation as 
provided in that section. If a law enforcement officer has 
reasonable grounds to believe that the holder of a limited 
driving privilege has consumed alcohol while driving or has 
driven while he has remaining in his body any alcohol previously 
consumed, the suspected offense of driving while license is 
revoked is an alcohol- related offense subject to the implied- 
consent provisions of G.S. 20-16.2. If a holder of a limited 
driving privilege is charged with violating a restriction 
contained in his limited driving privilege, and a judicial 
official determines that there is probable cause for the charge, 
the limited driving privilege is suspended pending the resolution 
of the case, and the judicial official must require the holder to 
surrender the limited driving privilege. The judicial official 
must also notify the holder that he is not entitled to drive 
until his case is resolved. 

(k) Copy of Limited Driving Privilege to Division; Action 
Taken if Privilege Invalid. The clerk of court must send a copy 



Page 74 



of any limited driving privilege issued in the county to the 
Division. A limited driving privilege that is not authorized by 
this section, G.S. 20-16. 2(el), or G.S. 20-16.1, or that does not 
contain the limitations required by law, is invalid. If the 
limited driving privilege is invalid on its face, the Division 
must immediately notify the court and the holder of the privilege 
that it considers the privilege void and that the Division 
records will not indicate that the holder has a limited driving 
privilege." 



PART II. PROTECTION OF YOUTHFUL DRIVERS. 

--RAISING BEER PURCHASE AGE. 

Sec. 32. G.S. 18B-300(a), 1 8B-302 ( a ) ( 1 ) , 18B-900 ( a ) ( 1 ) , 
and 18B-900(d) are amended by deleting the number "18" wherever 
it appears in those subsections and inserting in its place the 
number "19". 

— GROUNDS FOR REVOKING PROVISIONAL LICENSE. 

Sec. 33. Chapter 20 of the General Statutes is amended 
to add a new G.S. 20-13.2 to read as follows: 

"§ 20-13.2. Groun ds for revoking provisional 1 icense . -- ( a ) The 
Division must revoke the license of a person convicted of 
violating the provisions of G.S. 20-138.3 upon receipt of a 
record of the licensee's conviction. 

(b) If a person is convicted of an offense involving impaired 
driving and the offense occurs while he is a provisional 
licensee, his license must be revoked under this section in 
addition to any other revocation required or authorized by law. 

(c) If a person willfully refuses to submit to a chemical 
analysis pursuant to G.S. 20-16.2 while he is a provisional 
licensee, his license must be revoked under this section, in 
addition to any other revocation required or authorized by law. A 
revocation order entered under authority of this subsection 
becomes effective at the same time as a revocation order issued 
under G.S. 20-16.2 for the same willful refusal. 

(d) A revocation under this section continues until the 
provisional licensee reaches 18 years of age or 45 days have 
elapsed, whichever occurs last. Revocations under this section 
run concurrently with any other revocations, but a limited 
driving privilege issued pursuant to law does not authorize a 
provisional licensee to drive if his license is revoked under 
thi s section . " 

--DRIVING BY PROVISIONAL LICENSEE AFTER DRINKING. 

Sec. 34. Chapter 20 of the General Statutes is amended 
by adding a new section, G.S. 20-138.3, to read as follows: 

" § 20-138.3. Dr i ving by provisional licensee after consuming 
alcohol or drugs . --(a) Offense. It is unlawful for a 
provisional licensee to drive a motor vehicle on a highway or 
public vehicular area while consuming alcohol or at any time 
while he has remaining in his body any alcohol or in his blood a 



Page 75 



controlled substance previously consumed, but a provisional 
licensee does not violate this section if he drives with a 
controlled substance in his blood which was lawfully obtained and 
taken in therapeutically appropriate amounts. 

(b) Subject to Impl ied-Consent Law. An offense under this 
section is an alcohol- related offense subject to the implied- 
consent provisions of G.S. 20-16.2. 

(c) Punishment; Effect When Impaired Driving Offense Also 
Charged. The offense in this section is punishable under G.S. 
20-176(b). It is not, in any circumstances, a lesser included 
offense of impaired driving under G.S. 20-138.1, but if a person 
is convicted under this section and of an offense involving 
impaired driving arising out of the same transaction, the 
aggregate punishment imposed by the court may not exceed the 
maximum applicable to the offense involving impaired driving, and 
any minimum punishment applicable must be imposed." 

— FRAUDULENT USE OF ID; AIDER AND ABETTOR PUNISHMENT. 

Sec. 35. G.S. 18B-302 is amended by rewriting 
subsections (b), (c), (e), and (f), and adding subsection (g) to 
read as follows: 

"(b) Purchase or Possession. It shall be unlawful for: 

(1) A person less than 19 years old to purchase, 
to attempt to purchase, or to possess malt 
beverages or unfortified wine; or 

(2) A person less than 21 years old to purchase, 
to attempt to purchase, or to possess 
fortified wine, spirituous liquor, or mixed 
beverages . 

(c) Aider and Abettor. 

(1) By underage person. Any person who is under 
the lawful age to purchase and who aids or 
abets another in violation of subsection (a) 
or (b) of this section shall be guilty of a 
misdemeanor punishable by a fine up to five 
hundred dollars ($500.00) or imprisonment for 
not more than six months, or both, in the 
discretion of the court. 

(2) By person over lawful age. Any person who is 
over the lawful age to purchase and who aids 
or abets another in violation of subsection 
(a) or (b) of this section shall be guilty of 
a misdemeanor punishable by a fine of up to 
two thousand dollars ($2,000) or imprisonment 
for not more than two years, or both, in the 
discretion of the court. 

(e) Fraudulent Use of Identification. It shall be unlawful 
for any person to obtain or attempt to obtain alcoholic beverages 
in violation of subsection (b) of this section by using or 
attempting to use: 

(1) A fraudulent or altered driver's license; or 

(2) A fraudulent or altered identification document 
other than a driver's license; or 



Page 76 



(3) A driver's license issued to another person; or 

(4) An identification document other than a driver's 
license issued to another person. 

(f) Allowing Use of Identification. It shall be unlawful for 
any person to permit the use of his driver's license or any other 
identification document of any kind by any person who violates or 
attempts to violate subsection (b) of this section. 

(g) Conviction Report Sent to Division of Motor Vehicles. The 
court shall file a conviction report with the Division of Motor 
Vehicles indicating the name of the person convicted and any 
other information requested by the Division if the person is 
convicted of : 

(1) A violation of subsection (e) or (f) of this 
section; or 

(2) A violation of subdivision (c)(1) of this section; 
or 

(3) A violation of subsection (b) of this section, if 
the violation occurred while the person was 
purchasing or attempting to purchase an alcoholic 
beve rage . 

Upon receipt of a conviction report, the Division shall revoke 
the person's license as required by G.S. 20-17.3." 

--REVOCATION FOR UNDERAGE PURCHASERS OF ALCOHOL. 

Sec. 36. General Statutes Chapter 20 is amended by 
adding a new section to read: 

"§ 20-17.3. Revocation for underage purchasers of alcohol . -- 
The Division shall revoke for one year the driver's license of 
any person who has been convicted of violating any of the 
following : 

(1) G.S. 18B-302(c)(l), (e), or (f); or 

(2) G.S. 18B-302(b), if the violation occurred while 
the person was purchasing or attempting to purchase 
an alcoholic beverage. 

If the person's license is currently suspended or revoked, then 
the revocation under this section shall begin at the termination 
of that revocation." 



PART III. DRAM SHOP OWNER LIABILITY. 

— DRAM SHOP OWNER LIABILITY; BURDEN OF PROOF. 

Sec. 37. Chapter 18B of the General Statutes is amended 
by adding a new Article 1A to read: 

"Article 1A. 
"Compensation for Injury Caused by Sales to Underage Persons. 
"§ 18B-120. Def initions .--As used in this Article: 

(1) 'Aggrieved Party' means a person who sustains an 
injury as a consequence of the actions of the 
underage person, but does not include the underage 
person or a person who aided or abetted in the sale 
or furnishing to the underage person. 



Page 77 



(2) 



(2) 'Injury' includes, but is not limited to, personal 
injury, property loss, loss of means of support, or 
death. Damages for death shall be determined under 
the provisions of G.S. 28A-18- 2(b). Nothing in 
G.S. 28A-18-2(a) or subdivision (1) of this 
section shall be interpreted to preclude recovery 
under this Article for loss of support or death on 
account of injury to or death of the underage 
person or a person who aided or abetted in the sale 
or furnishing to the underage person. 

(3) 'Underage person' means a person who is less than 
the age legally required for purchase of the 
alcoholic beverage in question. 

(4) 'Vehicle' shall have the same meaning as prescribed 
by G.S. 20-4.01(49) . 

"§ 18B-121. Claim for relief created for sale to underage 

pe r son . --An aggrieved party has a claim for relief for damages 

against a permittee or local Alcoholic Beverage Control Board if: 

(1) The permittee or his agent or employee or the local 

board or its agent or employee negligently sold or 

furnished an alcoholic beverage to an underage 

person; and 

The consumption of the alcoholic beverage that was 
sold or furnished to an underage person caused or 
contributed to, in whole or in part, an underage 
driver's being subject to an impairing substance 
within the meaning of G.S. 20-138.1 at the time of 
the injury; and 

The injury that resulted was proximately caused by 
the underage driver's negligent operation of a 
vehicle while so impaired. 

B u_r d e_n of p roof and a d missibility of evidence . - - 
shall have the burden of proving that the sale or 
furnishing of the alcoholic beverage to the underage person, as 
defined, was, under the circumstances, negligent. Proof of the 
sale or furnishing of the alcoholic beverage to an underage 
person, as defined, without request for identification shall be 
admissible as evidence of negligence. Proof of good practices 
(including but not limited to, instruction of employees as to 
laws regarding the sale of alcoholic beverages, training of 
employees, enforcement techniques, admonishment to patrons 
concerning laws regarding the purchase or furnishing of alcoholic 
beverages, or detention of a person's identification documents in 
accordance with G.S. 18B-129 and inquiry about the age or degree 
of intoxication of the person), evidence that an underage person 
misrepresented his age, or that the sale or furnishing was made 
under duress is admissible as evidence that the permittee was not 
negl igent . 

"§ 18B-123. Limita tion on damag es . --The total amount of 
damages that may be awarded to all aggrieved parties pursuant to 
any claims for relief under this Article is limited to no more 
than five hundred thousand dollars ($500,000) per occurrence. 
When all claims arising out of an occurrence exceed five hundred 



3) 



"§ 18B-122. 
The plaintiff 



Page 78 



thousand dollars ($500,000), each claim shall abate in the 
proportion it bears to the total of all claims. 

"§ 18B-124. Joint and several liability . — The liability of the 
negligent driver or owner of the vehicle that caused the injury 
and the permittee or ABC Board which sold or furnished the 
alcoholic beverage shall be joint and several, with right of 
contribution but not indemnification. 

"§ 18B-125. Exceptions . — This Article does not create a claim 
for relief against the following: 

(1) One who holds only a brown bagging permit, a 
special occasions permit, or a limited special 
occasions permit; 

(2) One who holds only a special one-time permit under 
G.S. 18B-1002; 

(3) One who holds only permits listed in G.S. 
18B-1100; 

(4) One who holds any combination of the permits listed 
in this section . 

"§ 18B-126. S tatute of limitations . — The statute of 
limitations is as provided in G.S. 1-54. 

"§ 18B-127. Du ty of clerk of superior court . — When execution 
on a judgment on a cause of action under G.S. 18B-121 is returned 
unsatisfied, in whole or in part, the clerk of superior court to 
whom such return is made shall transmit to the Commission 
certified copies of the judgment, the execution and return and 
any other proceedings upon the judgment. 

"§ 18B-128. Common law rights not abridged . — The creation of 
any claim for relief by this Article may not be interpreted to 
abrogate or abridge any claims for relief under the common law, 
but this Article does not authorize double recovery for the same 
injury. 

"§ 18B-129. No liability for refusal to sell or for holding 
documents . -- ( a ) No permittee or his agent or employee may be 
held liable for damages resulting from the refusal to sell or 
furnish an alcoholic beverage to a person who fails to show 
proper identification as described in G.S. 18B-302(d), or who 
appears to be an underage person. 

(b) No permittee or his agent or employee may be held civilly 
liable if the permittee or his agent or employee holds a 
customer's identification documents for a reasonable length of 
time in a good faith attempt to determine whether the customer is 
of legal age to purchase an alcoholic beverage, provided the 
permittee or his agent or employee informs the customer of the 
reason for his actions." 

--STATUTE OF LIMITATIONS. 

Sec. 38. G.S. 1-54 is amended by adding a new 
subdivision (7) to read: 

"(7) For recovery of damages under Article 1A of General 
Statutes Chapter 18B." 

— ABC PERMITTEE'S REQUIREMENTS. 



Page 79 



Sec. 39. G.S. 18B-900(a) is amended by adding a new 
subdivision (7) to read as follows: 

"(7) Not have, whether as an individual or as an officer, 
director, shareholder or manager of a corporate permittee, an 
unsatisfied outstanding final judgment that was entered against 
him in an action under Article 1A of this Chapter." 

--REVOCATION OF PERMIT FOR NONPAYMENT OF JUDGMENT. 

Sec. 40. G.S. 18B-1003 is amended by adding thereto a 
new subsection (d) to read as follows: 

"(d) Financial Responsibility. A permittee shall pay all 
judgments rendered against him under the provisions of Article 1A 
of this Chapter. When the Commission is informed, under the 
provisions of G.S. 18B-127 that there is an outstanding 
unsatisfied judgment against a permittee, the Commission shall 
suspend all of the permittee's permits. Notice and hearing are 
not required for a suspension under this subsection, and the 
suspension shall become effective immediately upon the 
Commission's receipt of the report. The suspension shall remain 
in effect until the permittee demonstrates that he has satisfied 
the judgment by payment in full. Nothing in this section 
relieves the permittee of the obligation to pay any applicable 
fees as a precondition of the reinstatement of his permit." 
— LOCAL BOARD NOT COUNTY OR CITY AGENCY. 

Sec. 41. G.S. 18B-10K8) is amended by adding thereto 
the following: 

"A local board is an independent local political subdivision of 
the State. Nothing in this Chapter shall be construed as 
constituting a local board the agency of a city or county or of 
the Commission." 

— NO LEGISLATIVE INTENT AS TO CIVIL LIABILITY FOR SALES TO 
INTOXICATED PERSONS. 

Sec. 41.1. The original inclusion and ultimate deletion 
in the course of passing this act of statutory liability for 
certain persons who sell or furnish alcoholic beverages to 
intoxicated persons does not reflect any legislative intent one 
way or the other with respect to the issue of civil liability for 
negligence by persons who sell or furnish those beverages to such 
pe r sons . 



PART IV. EFFECTIVE DATE AND TRANSITIONAL PROVISIONS. 

— SAVING CLAUSE FOR PROSECUTIONS AND REVOCATIONS. 

Sec. 42. Prosecutions for offenses occurring before the 
effective date of this act and administrative actions affecting 
drivers' licenses based on these offenses are not abated or 
affected by the repeal or amendment in this act of statutes 
creating or punishing the offense or authorizing administrative 
action concerning a driver's license, and the statutes that would 
be applicable but for the amendments and repealers in this act 



Page 80 



remain applicable to those prosecutions and administrative 
actions . 

--APPLICABILITY OF DRAM SHOP PROVISIONS. 

Sec. 43. Sections 37, 38, 39 and 40 of this act apply 
only to acts and omissions occurring on or after the effective 
date of this act. 

--CAPTIONS NOT LIMIT TEXT/ONLY FOR REFERENCE. 

Sec. 44. The series of captions used in this act (the 
descriptive phrases in all capital letters identified by parts 
numbered with Roman numerals or preceded by hyphens) are inserted 
for convenience and reference only; and in no way define, limit, 
or prescribe the scope or application of the text of this act. 

— SEVERABILITY. 

Sec. 45. If any provision of this act or its 
application to any person or circumstances is held invalid by any 
court of competent jurisdiction, the invalidity will not affect 
other provisions or applications that can be given effect without 
the invalid provision or application; and to this end the 
provisions of this act are severable. 

--RESERVE FUND FOR IMPLEMENTATION. 

Sec. 4 5.1. The funds collected pursuant to Section 14 
of this act shall be paid into a Reserve Fund. Funds from this 
Reserve Fund may be transferred by the Director of the Budget, 
with the advice of the Joint Legislative Commission on 
Governmental Operations, for the sole purpose of implementing the 
Safe Roads Act of 1983, including reimbursement to counties for 
increased jail expenses incurred as a result of this act. Any 
funds from the Reserve Fund not used to implement the Safe Roads 
Act of 1983 shall revert to the General Fund. 

--EFFECTIVE DATE. 

Sec. 46. Except as provided in Sections 42 and 43, this 
act shall become effective October 1, 1983. 

In the General Assembly read three times and ratified, 
this the 3rd day of June, 1983. 



Page 81 



Appendix D 



CHAPTER 1101 
HOUSE BILL 1660 
AN ACT TO MAKE TECHNICAL CHANGES TO THE SAFE ROADS ACT. 

Section 1. G.S. 20-4.01(3a) is amended by deleting from 
the first sentence the word "chemical" that appears between the 
words "A" and "test". 

Sec. 2. G.S. 20-4.01(32), as found in the 1983 
Replacement Volume, is amended on line 3 by adding between the 
word "public" and the comma the words "for vehicular traffic". 

Sec. 3. G.S. 20-13(a) is amended by deleting the second 
sentence of that subsection; and G.S. 20-4.01 is amended by 
adding a new subsection (31a) to read: 

"(31a) Provisional Licensee. A person under the age of 18 
years . " 

Sec. 4. G.S. 20-16(a)(8) is amended by deleting the 
following: "or has been convicted under G.S. 18B-302(e) or (f) 
of fraudulent use of a driver's license to obtain alcoholic 
beverages" . 

Sec. 5. G.S. 20-16. 2(d) is amended by: 

(a) Inserting between the second and third sentences 
the following: "The hearing officer may subpoena any witnesses 
or documents he deems necessary."; 

(b) Adding between the fourth and the fifth sentences 
the following: "The hearing officer is authorized to administer 
oaths to witnesses appearing at the hearing."; and 

(c) Substituting in the fifth sentence the words, "and 
must be" for the following: "under the provisions for hearings 
held under G.S. 20-16(d), except that the hearing is". 

Sec. 6. G.S. 20-16. 2(d) is amended by substituting for 
the seventh sentence the following: "If the Division finds that 
any of conditions (1), (2), (4), or (5) is not met, it must 
rescind the revocation. If it finds that condition (3) is 
alleged in the affidavit but is not met, it must order the 
revocation sustained if that is the only condition that is not 
met; in this instance subsection (dl) does not apply to that 
revocation . " 

Sec. 7. G.S. 20-16. 2(el) is amended by deleting "10 
years" in subdivisions (2) and (3) and substituting "seven 
years"; and by rewriting subdivision (1) to read: 

"(1) At the time of the refusal he held either a valid 
driver's license or a license that had been 
expired for less than one year;". 

Sec. 8. G.S. 20-16.2(i) is amended by: 

(a) Rewtiting the second sentence to read: "Upon this 
request, the officer must affoid the person the opportunity to 
have a chemical analysis of his breath, if available, in 



Page 82 



Sec. 10. 
between the caption 
hearing officer is 
appearing at the 



accordance with the procedures required by G.S. 20-1 39 . 1 ( b ) . " ; 
and 

(b) Rewriting the fourth sentence to read: "Before 
the chemical analysis is made, the person must confirm his 
request in writing and he must be notified: 

(1) That the test results will be admissible in 
evidence and may be used against him in any 
impl ied-consent offense that may arise; 

(2) That his license will be revoked for at least 10 
days if the test reveals an alcohol concentration 
of 0.10 or more; and 

(3) That if he fails to comply fully with the test 
procedures, the officer may charge him with any 
offense for which the officer has probable cause, 
and if he is charged with an impl ied-consent 
offense, his refusal to submit to the testing 
required as a result of that charge would result 
in revocation of his driver's license." 

Sec. 9. G.S. 20-16. 4(b) is amended by inserting between 
the second and third sentences the following: "The hearing 
officer may subpoena any witnesses or documents he deems 
necessary . " 

G.S. 20-16. 4(c) is amended by inserting 
and the first sentence the following: "The 
authorized to administer oaths to witnesses 
hearing."; and in the first sentence by 
substituting the words, "and must be" for the following: "under 
the provisions for hearings held under G.S. 20-16(d), except that 
the hearing is" . 

Sec. 11. G.S. 20-16 . 5( a ) ( 5 ) is amended by adding at the 
end the following: "A person who is validly licensed but who is 
unable to locate his license card may file an affidavit with the 
clerk setting out facts that indicate that he is unable to locate 
his license card and that lie is validly licensed; the filing of 
the affidavit constitutes a surrender of the person's license." 

Sec. 12. G.S. 20-16. 5(b) ( 1 ) is amended in the first 
line by substituting "charging" for "law-enforcement". 

Sec. 13. G.S. 20-16.5 is amended by adding a new 
subsection to read: 

"(bl) Precharge Test Results as Basis for Revocation. 
Notwithstanding the provisions of subsection (b), a person's 
driver's license is subject to revocation under this section if: 

(1) He requests a precharge chemical analysis pursuant 
to G.S. 20-16 .2( i ) ; and 

(2) He has, at any relevant time after the driving, an 
alcohol concentration of 0.10 or more; and 

(3) He is charged with an impl ied-consent offense." 
Sec. 14. G.S. 20-16. 5(c) is amended by rewriting the 

second sentence to read: "If the person has refused to submit to 
a chemical analysis, a copy of the affidavit to be submitted to 
the Division under G.S. 20-16. 2(c) may be substituted for the 
revocation report if it contains the information required by this 
section. " 



Page 83 



Sec. 15. G.S. 20-16. 5(e) is amended by adding at the 
end the following: "If within five working days of the effective 
date of the order, the person does not surrender his license or 
demonstrate that he is not currently licensed, the clerk must 
immediately issue a pick-up order. The pick-up order under this 
subsection may be issued by the clerk to any law enforcement 
officer to pick up the person's driver's license in accordance 
with G.S. 20-29 as if the pick-up order had been issued by the 
Division. " 

Sec. 16. G.S. 20-16. 5(g) is amended: 

(a) In the second sentence by substituting "within 10 
the effective date of the revocation" for "at any later 



days of 
time" ; 



b) 



By adding at the end of the subsection the 
following: "If the person requesting the hearing fails to appear 
at the hearing or any rescheduling thereof after having been 
properly notified, he forfeits his right to a hearing."; and 

(c) By adding at the end of the seventh sentence the 
phrase "and the hearing must be limited to the grounds specified 
in the request" . 

Sec. 17. G.S. 20-16. 5(h) is amended by adding at the 
end the following: "If the person's license is revoked under 
this section and under another section of this Chapter, the clerk 
must surrender the license to the Division if the revocation 
under this section can terminate before the other revocation; in 
such cases, the costs required by subsection (j) must still be 
paid before the revocation under this section is terminated." 

Sec. 18. G.S. 20-19, as found in the 1983 Replacement, 
is amended: 

lines 



( a ) By rewr i ting 
read: "G.S. 20-17 and the 
impaired driving for which 
occurred within three years 

( b ) By rewr i t ing 
read: "G.S. 20-17 and the 
offenses involving impaired 



person 
he has 



2 and 3 of subsection (d) to 
has another offense involving 
been convicted, which offense 
imme-" ; 

lines 2 and 3 of subsection (e) to 
person has two or more previous 
driving for which he has been 



convicted, and the most recent offense"; and 

(c) By adding a new subsection (j) to read: 
"(j) The Division is authorized to issue amended 



revocation 



orders issued under 
convictions do not 
offenses for which 
subsections. " . 

Sec. 18A. 



subsections (d) or (e), if necessary because 
respectively occur in the same order as 
the license may be revoked under those 



adding a new 



G.S. 20-28 is amended by 
subsection (al) to read: 

"(al) A person convicted under subsection (a) shall be 
punished as if he had been convicted of driving without a 
driver's license under G.S. 20-7 if he demonstrates to the court 
that: 

1. At the time of the offense, his license was 
revoked solely under G.S. 20-16.5; and 

2. a. The offense occurred more than 30 days after 

the effective date of a revocation order 



Page 84 



issued under G.S. 20-16. 5(f) and the period 
of revocation was 30 days as provided under 
subdivision (3) of that subsection; or 
b. The offense occurred more than 10 days after 
the effective date of a revocation order 
issued under any other provision of G.S. 
20-16.5. 
In addition, a person punished under this subsection shall be 
treated for driver's license and insurance rating purposes as if 
he had been convicted of driving without a license under G.S. 20- 
7, and the conviction report sent to the Division must indicate 
that the person is to be so treated." 

Sec. 19. G.S. 20-28 . 2 ( a ) ( 2 ) is amended by substituting 
"G.S. 20-16(a)(7)" for "G.S. 20-16(7)". 

Sec. 20. G.S. 20-139.1 is amended by adding a new 
subsection to read: 

" ( b4 ) Introducing Routine Records Kept as Part of Breath- 
Testing Program. In civil and criminal proceedings, any party 
may introduce, without further authentication, Simulator logs and 
logs for other devices used to verify a breath-testing 
instrument, certificates and other records concerning the check 
of ampoules and of Simulator stock solution and the stock 
solution used in any other equilibration device, preventive 
maintenance records, and other records that are routinely kept 
concerning the maintenance and operation of breath-testing 
instruments. In a criminal case, however, this subsection does 
not authorize the State to introduce records to prove the results 
of a chemical analysis of the defendant or of any validation test 
of the instrument that is conducted during that chemical 
analysi s . " 

Sec. 21. G.S. 20-179(c) is amended: 

(a) In both the second sentence and subdivision (1) by 
substituting "before" for "of" immediately after "years"; 

(b) In subdivision (2) by adding immediately after the 
word "defendant" the words "at the time of the offense"; and 

(c) In subdivision (3) by adding immediately after the 
word "driving" the words "at the time of the offense". 

Sec. 22. G.S. 20-179(d) is amended: 

(a) By adding at the end the following: "Except for 
the factor in subdivision (5) the conduct constituting the 
aggravating factor must occur during the same transaction or 
occurrence as the impaired driving offense."; 

(b) In subdivision (6) by deleting the comma and the 
language after the word "apprehension"; and 

(c) In subdivision (7) by deleting the comma and the 
words appearing after the word "limit." 

Sec. 23. G.S. 20-179(e) is amended: 

(a) By adding at the end the following: "Except for 
the factors in subdivisions (4), (6) and (7), the conduct 
constituting the mitigating factor must occur during the same 
transaction or occurrence as the impaired driving offense."; 



Page 85 



(b) In subdivision (6) by substituting "the impaired 
driving offense for which he is being sentenced" for "impaired 
driving" ; and 

(c) In subdivision (4) by substituting "motor vehicle 
offense for which at least four points are assigned under G.S. 
20-16 or for which the person's license is subject to revocation" 
for "serious traffic violation". 

Sec. 24. G.S. 20-179 is amended by adding two 
subsections to read: 

"(fl) Aider and Abettor Punishment. Notwithstanding any other 
provisions of this section, a person convicted of impaired 
driving under G.S. 20-138.1 under the common law concept of 
aiding and abetting is subject to Level Five punishment. The 
judge need not make any findings of grossly aggravating, 
aggravating, or mitigating factors in such cases. 

(f2) Limit on Consolidation of Judgments. Except as provided 
in subsection (fl), in each charge of impaired driving for which 
there is a conviction the judge must determine if the sentencing 
factors described in subsections (c), (d) and (e) are applicable 
unless the impaired driving charge is consolidated with a charge 
carrying a greater punishment. Two or more impaired driving 
charges may not be consolidated for judgment." 

Sec. 25. G.S. 20-179(g), (h), (i), (j), and (k), as 
found in the 1983 Replacement Volume, are each amended by 
inserting in the third line immediately after "imprisonment" the 
words "that includes a minimum term" and on line 4 by inserting 
immediately after "and" the words "a maximum term of". 

Sec. 26. G.S. 20-179(k), as found in the 1983 
Replacement Volume, is amended on line 12 by inserting 
immediately after "required" the word "by". 

Sec. 27. G.S. 20-179(1) is amended by substituting " ; 
or" for the period at the end of subdivision (2) and by adding a 
new subdivision to read: 

"(3) There is no alcohol and drug education traffic school 
within a reasonable distance of the defendant's residence." 

Sec. 28. G.S. 20-179(o) is amended by rewriting the 
last sentence to read: "If the defendant proves by the 
preponderance of the evidence all three above facts concerning 
the prior case, the conviction may not be used as a grossly 
aggravating or aggravating factor." 

Sec. 29. G.S. 20-179(p) is rewritten to read: 
"(p) Limit on Amelioration of Punishment. For active terms of 
imprisonment imposed under this section: 

(1) The judge may not give credit to the defendant for 
the first 24 hours of time spent in incarceration 
pendi ng trial. 

(2) The defendant must serve the mandatory minimum 
period of imprisonment and good or gain time 
credit may not be used to reduce that mandatory 
minimum period. 

(3) The defendant may not be released on parole unless 
he is otherwise eligible and has served the 
mandatory minimum period of imprisonment. 



Page 86 



With respect to the minimum or specific term of imprisonment 
imposed as a condition of special probation under this section, 
the judge may not give credit to the defendant for the first 24 
hours of time spent in incarceration pending trial." 

Sec. 30. G.S. 20-179. 3(b) is amended by deleting "10 
years" in subdivision (2) and substituting "seven years"; and by 
rewriting subdivision (1) to read: 

(1) At the time of the offense he held either a valid 

driver's license or a license that had been 

expired for less than one year;". 

Sec. 31. G.S. 20-179. 3(d), as found in the 1983 

Replacement Volume, is amended in line 2 by substituting "at any 

time after the day of" for "subsequent to". 

Sec. 32. G.S. 20-179.3 is amended as follows: 

(a) By rewriting subsection (f) to read: 

"(f) Overall Provisions on Use of Privilege. Every limited 
driving privilege must restrict the applicant to essential 
driving related to the purposes listed in subsection (a), and any 
driving that is not related to those purposes is unlawful even 
though done at times and upon routes that may be authorized by 
the privilege. If the privilege is granted, driving related to 
emergency medical care is authorized at any time and without 
restriction as to routes, but all other driving must be for a 
purpose and done within the restrictions specified in the 
privilege."; 

(b) By adding new subsection ( f 1 ) to read: 

" ( f 1 ) Definition of 'Standard Working Hours.' Under this 
section, 'standard working hours' are 6:00 a.m. to 8:00 p.m. on 
Monday through Friday."; "" 

(c) By rewriting subsection (g) to read: 

"(g) Driving for Work-Related Purposes in Standard Working 
Hours. In a limited driving privilege, the court may authorize 
driving for work-related purposes during standard working hours 
without specifying the times and routes in which the driving must 
occur. If the applicant is not required to drive for essential 
work-related purposes except during standard working hours, the 
limited driving privilege must prohibit driving during 
nonstandard working hours unless the driving is for emergency 
medical care or is authorized by subsection (g2). The limited 
driving privilege must state the name and address of the 
applicant's place of work or employer, and may include other 
information and restrictions applicable to work-related driving 
in the discretion of the court."; and 

(d) By adding new subsections (gl) and (g2) to read: 
"(gl) Driving for Work-Related Purposes in Nonstandard Hours. 

If the applicant is required to drive during nonstandard working 
hours for an essential work-related purpose, he must present 
documentation of that fact before the judge may authorize him to 
drive for this purpose during those hours. If the applicant is 
self-employed, the documentation must be attached to or made a 
part of the limited driving privilege. If the judge determines 
that it is necessary for the applicant to drive during 



Page 8 7 



nonstandard hours for a work-related purpose, he may authorize 
the applicant to drive subject to these limitations: 

(1) If the applicant is required to drive to and from 
a specific place of work at regular times, the 
limited driving privilege must specify the general 
times and routes in which the applicant will be 
driving to and from work, and restrict driving to 
those times and routes. 

(2) if the applicant is required to drive to and from 
work at a specific place, but is unable to specify 
the times at which that driving will occur, the 
limited driving privilege must specify the general 
routes in which the applicant will be driving to 
and from work, and restrict the driving to those 
general routes. 

(3) If the applicant is required to drive to and from 
work at regular times but is unable to specify the 
places at which work is to be performed, the 
limited driving privilege must specify the genera 
times and geographic boundaries in which the 
applicant will be driving, and restrict driving to 
those times and within those boundaries. 

(4) If the applicant can specify neither the times nor 
places in which he will be driving to and from 
work, or if he is required to drive during these 
nonstandard working hours as a condition of 
employment, the limited driving privilege must 
specify the geographic boundaries in which he will 
drive and restrict driving to that within those 
boundaries . 

The limited driving privilege must state the name and address of 
the applicant's place of work or employer, and may include other 
information and restrictions applicable to work-related driving, 
in the discretion of the court. 

( g2 ) Driving for Other than Work-Related Purposes. A limited 
driving privilege may not allow driving for maintenance of the 
household except during standard working hours, and the limited 
driving privilege may contain any additional restrictions on that 
driving, in the discretion of the court. The limited driving 
privilege must authorize driving essential to the completion of 
any community work assignments, course of instruction at an 
Alcohol and Drug Education Traffic School, or substance abuse 
assessment or treatment, to which the applicant is ordered by the 
court as a condition of probation for the impaired driving 
conviction. If this driving will occur during nonstandard 
working hours, the limited driving privilege must specify the 
same limitations required by subsection ( gl ) for work-related 
driving during those hours, and it must include or have attached 
to it the name and address of the Alcohol and Drug Education 
Traffic School, the community service coordinator, or mental 
health treatment facility to which the applicant is assigned. 
Driving for educational purposes other than the course of 
instruction at an Alcohol and Drug Education Traffic School is 



Page 88 



subject to the same limitations applicable to work related 
driving under subsections (g) and (gl)." 

Sec. 33. G.S. 20-179. 3(j) is amended in the third 
sentence by inserting between the words "with" and "violating" 
the words "driving while license revoked by". 

Sec. 34. G.S. 20-179. 4(c) is amended by substituting 
for the second and third sentences the following: "That fee must 
be paid to the clerk of court in the county in which the person 
is convicted. The fee must be paid in full within two weeks 
unless the court, upon a showing of hardship by the person, 
allows him additional time to pay the fee. The person may not be 
required to pay the fee before he begins the community service 
unless the court specifically orders that he do so." 

Sec. 35. G.S. 20-179. 4(e) is rewritten to read: 
"(e) The coordinator must report to the court in which the 
community service was ordered a significant violation of the 
terms of the probation judgment related to community service. In 
such cases, the court must conduct a hearing to determine if 
there is a willful failure to comply. If the court determines 
there is a willful failure to pay the prescribed fee or to 
complete the work as ordered by the coordinator within the 
applicable time limits, the court must revoke any limited driving 
privilege issued in the impaired driving case, and in addition 
may take any further action authorized by Article 82 of General 
Statutes Chapter 15A for violation of a condition of probation." 

Sec. 36. G.S. 20-179(n) is amended by deleting the last 
sentence . 

Sec. 37. Section 32 of this act is effective upon 
ratification: Provided that a judge authorized to issue a 
limited driving privilege under G.S. 20-179. 3(d) is authorized, 
upon application of a holder of a limited driving privilege who 
has been convicted of the offense of impaired driving under G.S. 
20-138.1, to modify that limited driving privilege in accordance 
with G.S. 20-179.3, as amended by Section 32 of this act. 

Sec. 38. Sections 3, 8, 13, 16, 22, 23, 34, 35, and 36 
of this act shall become effective October 1, 1984. Except as 
provided in Section 37 of this act, the remaining sections of 
this act are effective upon ratification. 

In the General Assembly read three times and ratified, 
this the 6th day of July, 1984. 



Page 89 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 

GENERAL ASSEMBLY OF NORTH CAROLINA 

SESSION 1989 

S/H D 

SRA-1 
(THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 

Short Title: D .W . I . -Alcohol Level Reduced. (Public) 

Sponsors: 

Referred to: 



1 A BILL TO BE ENTITLED 

2 AN ACT TO DECREASE THE BLOOD ALCOHOL CONCENTRATION LEVEL WITH 

3 RESPECT TO DRIVING WHILE IMPAIRED TO 0.08. 

4 The General Assembly of North Carolina enacts: 

5 Section 1. G.S. 20-12. 1(a) reads as rewritten: 

6 "(a) It is unlawful for any person to accompany another person 

7 driving a motor vehicle, in accordance with G.S. 20-11, or 

8 instruct another person driving a motor vehicle, in accordance 
s with G.S. 20-7(1-1) and (m) or G.S. 20-12: 

io (1) While the person accompanying or instructing is 

ii under the influence of an impairing substance; or 

12 (2) After having consumed sufficient alcohol that he 

13 has, at any relevant time after the driving, an 

14 alcohol concentration of Q-^U) . 08 or more." 
is Sec. 2. G.S. 20-16. 2(a) reads as rewritten: 

if> "(a) Basis for Charging Officer to Require Chemical Analysis; 

17 Notification of Rights. --Any person who drives a vehicle on a 

is highway or public vehicular area thereby gives consent to a 

i" chemical analysis if he is charged with an impl ied-consent 

SRA-1 Page 90 



i offense. The charging officer must designate the type of chemical 

2 analysis to be administered, and it may be administered when he 

3 has reasonable grounds to believe that the person charged has 

4 committed the impl ied-consent offense. Except as provided in 

5 subsection (b), the person charged must be taken before a 

6 chemical analyst authorized to administer a test of a person's 

7 breath, who must inform the person orally and also give him a 
s notice in writing that: 

9 ( 1 ) He has a right to refuse to be tested. 

10 (2) Refusal to take any required test or tests will 
ii result in an immediate revocation of his driving 
12 privilege for at least 10 days and an additional 
i3 12-month revocation by the Division of Motor 
ii Vehicles . 

15 (3) The test results, or the fact of his refusal, will 

if- be admissible in evidence at trial on the offense 

17 charged. 

is (4) If any test reveals an alcohol concentration of 

i"> . 1 . 08 or more, his driving privilege will be 

20 revoked immediately for at least 10 days. 

2i (5) He may have a qualified person of his own choosing 

22 administei a chemical test or tests in addition to 

23 any test administered at the direction of the 

21 charging officer. 

25 (6) He has the right to call an attorney and select a 

2 r > witness to view for him the testing procedures, but 

11 the testing may not be delayed for these purposes 
28 longer than 30 minutes from the time he is notified 
2" of his rights." 

3° Sec. 3. G.S. 20-16. 2(i) reads as rewritten: 

3i (i) Right to Chemical Analysis before Arrest or Charge. — A 

32 person stopped or questioned by a law-enforcement officer who is 

33 investigating whether the person may have committed an 
31 implied-consent offense may request the administration of a 
35 chemical analysis before any arrest or other charge is made for 



Page 91 SRA _1 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 

1 the offense. Upon this request, the officer must afford the 

2 person the opportunity to have a chemical analysis of his breath, 

3 if available, in accordance with the procedures required by G.S. 

4 20-139. 1(b). The request constitutes the person's consent to be 

5 transported by the law-enforcement officer to the place where the 

6 chemical analysis is to be administered. Before the chemical 

7 analysis is made, the person must confirm his request in writing 

8 and he must be notified: 

9 (1) That the test results will be admissible in 
io evidence and may be used against him in any 
u implied-consent offense that may arise; 

12 (2) That his license will be revoked for at least 10 

13 days if the test reveals an alcohol concentration 

14 of 0.10 . 08 or more; and 

15 (3) That if he fails to comply fully with the test 
i6 procedures, the officer may charge him with any 
17 offense for which the officer has probable cause, 
is and if he is charged with an implied-consent 

19 offense, his refusal to submit to the testing 

20 required as a result of that charge would result in 

21 revocation of his driver's license. The results of 

22 the chemical analysis are admissible in evidence in 

23 any proceeding in which they are relevant." 

24 Sec. 4. G.S. 20-16. 5(b) reads as rewritten: 

25 "(b) Revocations for Persons Who Refuse Chemical Analyses or 

26 Have Alcohol Concentrations of . 10 . 08 or More.--A person's 

27 driver's license is subject to revocation under this section if: 

28 (1) A charging officer has reasonable grounds to 

29 believe that the person has committed an offense 

30 subject to the implied-consent provisions of G.S. 

31 20-16.2; 

32 (2) The person is charged with that offense as provided 

33 in G.S. 2 0-16. 2(a); 

34 (3) The charging officer and the chemical analyst 
is comply with the procedures of G.S. 20-16.2 and G.S. 

SRA-1 Page 92 



1 

2 
3 
4 
5 
6 
7 
8 
9 
10 



20-139.1 in requiring the person's submission to or 
procuring a chemical analysis; and 
( 4 ) The pe r son : 

a. Willfully refuses to submit to the chemical 
analysis; or 

b. Has an alcohol concentration of . 10 . 08 or 
more within a relevant time after the 
dr i ving . " 

Sec. 5. G.S. 20-16. 5(bl) reads as rewritten: 



"(bl) Precharge Test Results as Basis for 

n Revocation . --Notwithstanding the provisions of subsection (b), a 

12 person's driver's license is subject to revocation under this 

13 section if: 

14 ( 1 ) He requests a precharge chemical analysis pursuant 
is to G.S . 20-16 .2( i ) ; and 

16 (2) He has, at any relevant time after the driving, an 

17 alcohol concentration of . 10 . 08 or more; and 
ia (3) He is charged with an impl ied-consent offense." 

19 Sec. 6. G.S. 20-138. 1(a) reads as rewritten: 

20 "(a) Offense. --A person commits the offense of impaired driving 

21 if he drives any vehicle upon any highway, any street, or any 

22 public vehicular area within this State: 

23 (1) While under the influence of an impairing 

24 substance; or 

25 (2) After having consumed sufficient alcohol that he 

26 has, at any relevant time after the driving, an 

27 alcohol concentration of . 10 0.08 or more." 

28 Sec. 7. G.S. 20-179(m) reads as rewritten: 

29 "(m) Assessment and Treatment Required in Certain Cases. If a 

30 defendant being sentenced under this section is placed on 

31 probation, he shall be required as a condition of that probation 

32 to obtain a substance abuse assessment if: 

33 (1) He had an alcohol concentration of 0.15 or more as 

34 indicated by a chemical analysis taken when he was 

35 charged; or 



Page 93 



SRA-1 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 

1 (2) He has a prior conviction for an offense involving 

2 impaired driving within the five years preceding 

3 the date of the offense for which he is being 
1 sentenced and, when he was charged with the current 

5 offense, he had an alcohol concentration of . 10 

6 0_. 08 or more; or 

7 ( 3 ) He willfully refused to submit to a chemical 
e analysi s . 

o The judge shall require the defendant to obtain the assessment 

io from an area mental health agency, its designated agent, or a 

ii private facility licensed by the State for the treatment of 

12 alcoholism and substance abuse. Unless a different time limit is 

13 specified in the court's judgment, the defendant shall schedule 
n the assessment within 30 days from the date of the judgment. Any 
is agency performing assessments shall give written notification of 
in its intention to do so to the area mental health authority in 
n the catchment area in which it is located and to the Department 
is of Human Resources. The Secretary of the Department of Human 
19 Resources may adopt rules to implement the provisions of this 
?o subsection, and these rules may include provisions to allow 

21 defendant to obtain assessments and treatment from agencies not 

22 located in North Carolina. The assessing agency shall give the 

23 client a standardized test, approved by the Department of Human 
21 Resources to determine chemical dependency. A clinical interview 
25 concerning the general status of the defendant with respect to 
2c, chemical dependency shall be conducted by the assessing agency 

27 before making any recommendation for further treatment. A 

28 recommendation made by the assessing agency shall he signed by a 
2i 'Certified Alcoholism, Drug Abuse or Substance Abuse Counselor', 

30 as defined by the Department of Human Resources. If the 
u assessing agency recommends that the defendant participate in a 
i2 treatment program, the judge may require the defendant to do so, 
33 and he shall require the defendant to execute a Release of 

31 Information authorizing the treatment agency to report his 
(5 progress to the court or the Department of Correction. The judge 

SRA-1 Page 94 



i may order the defendant to participate in an appropriate 

2 treatment program at the time he is ordered to obtain an 

3 assessment, or he may order him to reappear in court when the 

4 assessment is completed to determine if a condition of probation 

5 requiring participation in treatment should be imposed. An order 
e of the court shall not require the defendant to participate in 
7 any treatment program for more than 90 days unless a longer 
s treatment program is recommended by the assessing agency and his 
9 alcohol concentration was .15 or greater as indicated by a 

io chemical analysis taken when he was charged or this was a second 

ii or subsequent offense within five years. The judge shall require 

12 the defendant to pay fifty dollars ($50.00) for the services of 

13 the assessment facility and any additional treatment fees that 

14 may be charged by the treatment facility. If the defendant is 

15 treated by an area mental health facility, G.S. 122C-146 applies, 
if. Any determinations with regard to the defendant's ability to pay 
17 the assessment fee shall be made by the judge. In those cases in 
io which no substance abuse handicap is identified, that finding 
lq shall be filed with the court. When treatment is required, the 

20 treatment agency's progress reports shall be filed with the court 

21 or the Department of Correction at intervals of no greater than 

22 six months until the termination of probation or the treatment 

23 agency determines and reports that no further treatment is 

24 appropriate. Upon the completion of the court-ordered assessment 

25 or court-ordered treatment, the assessing or treatment agency 
2fi shall give the Division of Motor Vehicles the original of the 

27 certificate of completion, shall provide the defendant with a 

28 copy of that certificate, and shall retain a copy of the 

29 certificate on file for a period of five years. The Division of 
io Motor Vehicles shall not reissue the driver's license of a 

31 defendant ordered to obtain assessment or participate in a 

32 treatment program unless it has received the original certificate 
jf of completion from the assessing or treatment agency, provided, 
" however that a defendant may be issued a limited driving 
35 privilege pursuant to G.S. 20-179.3. 



Page 95 SRA-1 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 



1 The Department of Human Resources may approve programs offered 

2 in another state if they are substantially similar to programs 

3 approved in this State, and if that state recognizes North 
i Carolina programs for similar purposes. The defendant shall be 

5 responsible for the fees at the approved program." 

6 Sec. 8. This act shall become effective October 1, 

7 1989. 



SRA-1 Page 96 



1 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

4 SESSION 1989 

5 

6 S/H 

7 

e SRA-2 

o (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



10 



n Short Title: D.W.I. Fines Increased. (Public 

12 

1 3 — 

14 Sponsors: 

is 



16 

i7 Referred to: 

18 

19 -— ' 

20 

21 

i A BILL TO BE ENTITLED 

2 AN ACT TO INCREASE THE FINES FOR VIOLATIONS OF DRIVING WHILE 

3 IMPAIRED. 

4 The General Assembly of North Carolina enacts: 

5 Section 1. G.S. 20-179(g) reads as rewritten: 

6 "(g) Level One Punishment. -- A defendant subject to Level One 
; punishment may be fin e d up to two thou s and dollar s — ( $ 2 , 000 ) shall 
a be fined in an amount not less than three thousand dollars 
9 ($3,000) nor more than five thousand dollars ($5,000) and must be 

io sentenced to a term of imprisonment that includes a minimum term 

u of not less than 14 days and a maximum term of not more than 24 

12 months. The term of imprisonment may be suspended only if a 

13 condition of special prnhaHnn is imposed to require the 

14 defendant to serve a term of imprisonment of at least 14 days. If 

15 the defendant is placed on probation, the judge must, if required 
if. by subsections (1) or (m), impose the conditions relating to 
i/ treatment and education described in those subsections. The judge 
in may impose any other lawful condition of probation. If the judge 
19 does not place on probation a defendant who is otherwise subject 



Page 97 SRA-2 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 



1 to the mandatory assessment and treatment provisions of 

2 subsection (m), he must include in the record of the case his 

3 reasons for not doing so." 

4 Sec. 2. G.S. 20-179(h) reads as rewritten: 

s "(h) Level Two Punishment. -- A defendant subject to Level Two 

6 punishment may b e — fin e d up to one — thou s and dollar s — ( $ 1,000) shall 

7 be fined an amount no t less than two thousand dollars ($2,000) 

8 nor more than four thousand dollars ($4,000) and must be 
o sentenced to a term of imprisonment that includes a minimum term 

io of not less than seven days and a maximum term of not more than 

n 12 months. The term of imprisonment may be suspended only if a 

12 condition of special probation is imposed to require the 

13 defendant to serve a term of imprisonment of at least seven days. 
n If the defendant is placed on probation, the judge must, if 
is required by subsections (1) or (m), impose the conditions 
is relating to treatment and education described in those 
17 subsections. The judge may impose any other lawful condition of 
i« probation. If the judge does not place on probation a defendant 

19 who is otherwise subject to the mandatory assessment and 

20 treatment provisions of subsection (m), he must include in the 

21 record of the case his reasons for not doing so." 

22 Sec. 3. G.S. 20-179(i) reads as rewritten: 

23 "(i) Level Three Punishment. -- A defendant subject to Level 
2i Three punishment may be — fined up —to — f iv e — hundr ed — dollar s 
25 ( $5 . 00 ) shall be fined in an amount not less than one thousand 
2 6 dollars ($1,000) nor more than two thousand five hundred dollars 

27 ( $2 , 500 ) and must be sentenced to a term of imprisonment that 

28 includes a minimum term of not less than 72 hours and a maximum 

29 term of not more than six months. The term of imprisonment must 

30 be suspended, on the condition that the defendant: 

3i (1) Be imprisoned for a term of at least 72 hours as a 

32 condition of special probation; or 

33 (2) Perform community service for a term of at least 72 
3i hours; or 



SRA-2 Page 98 



i (3) Not operate a motor vehicle for a term of at least 

2 90 days; or 

3 (4) Any combination of these conditions. 

4 The judge in his discretion may impose any other lawful condition 

5 of probation and, if required by subsections (1) or (m), must 

6 impose the conditions relating to treatment and education 

7 described in those subsections. This subsection does not affect 

8 the right of a defendant to elect to serve the suspended sentence 

9 of imprisonment as provided in G.S. 1 5A-1 341 ( c ) . " 

io Sec. 4. G.S. 20-179(j) reads as rewritten: 

n "(j) Level Four Punishment. -- A defendant subject to Level 

12 Four punishment ro*y- — be — f i n e d — ue — to — two — hundr e d fifty — dollar s 

u ( $2 50 . 00) shall be fined in an amount not less than five hundred 

i4 dollars ($500.00) nor more than two thousand dollars ($2,000) and 

15 must be sentenced to a term of imprisonment that includes a 

n. minimum term of not less than 48 hours and a maximum term of not 

17 more than 120 days. The term of imprisonment must be suspended, 

is on the condition that the defendant: 

19 (1) Be imprisoned for a term of 48 hours as a condition 

20 of special probation; or 

21 (2) Perform community service for a term of 48 hours; 

22 or 

23 (3) Not operate a motor vehicle for a term of 60 days; 

24 or 

25 (4) Any combination of these conditions. 

2i; The judge in his discretion may impose any other lawful condition 

27 of probation and, if required by subsections (1) or (m), must 

28 impose the conditions relating to treatment and education 

29 described in those subsections. This subsection does not affect 

30 the right of a defendant to elect to serve the suspended sentence 

31 of imprisonment as provided in G.S. 1 5A-1 341 ( c ) . " 

32 Sec. 5. G.S. 20-179(k) reads as rewritten: 

33 "(k) Level Five Punishment. -- A defendant subject to Level 
31 Five punishment may— be — fined up to on e — hundred dollar s — ( $ 100 . 00) 
3 5 shall be fined in an amount not less than two hundred fifty 



Page 99 



SRA-2 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 

i dollars ($250.00) nor more than five hundred dollars ($500.00) 

2 and must be sentenced to a term of imprisonment that includes a 

3 minimum term of not less than 24 hours and a maximum term of not 

4 more than 60 days. The term of imprisonment must be suspended, on 

5 the condition that the defendant: 

6 ( 1 ) Be imprisoned for a term of 24 hours as a condition 

7 of special probation; or 

s (2) Perform community service for a term of 24 hours; 

9 or 

io (3) Not operate a motor vehicle for a term of 30 days; 

n or 

12 (4) Any combination of these conditions. 

13 The judge may in his discretion impose any other lawful condition 
ii of probation and, if required by subsections (1) or (m), must 
is impose the conditions relating to treatment and education 

16 described in those subsections. This subsection does not affect 

17 the right of a defendant to elect to serve the suspended sentence 
is of imprisonment as provided in G.S. 15A-1 341 ( c ) . " 

i<> Sec. 6. This act shall become effective October 1, 

20 1989. 



SRA-2 Page ioo 



1 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

4 SESSION 1989 

5 

6 S/H 

7 

8 SRA-3 

9 (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



10 



u Short Title: Sequential Breath Tests. (Public) 

12 
13 

14 Sponsors: 

15 
16 

17 Referred to: 

l B 

1<> ' 

20 

21 

1 A BILL TO BE ENTITLED 

2 AN ACT TO PERMIT THE INTRODUCTION OF THE FIRST BREATH TEST WHEN 

3 THE ACCUSED REFUSES TO TAKE A SECOND SEQUENTIAL TEST OR REFUSES 

4 TO COOPERATE IN THE PRODUCTION OF A SECOND SEQUENTIAL BREATH 

5 TEST. 

e The General Assembly of North Carolina enacts: 
7 Section 1. G.S. 20-139. I(b3) reads as rewritten: 

o "(b3) Sequential Breath Tests Required. -- By January 1, 1985, 

q the regulations of the Commission for Health Services governing 

io the administration of chemical analyses of the breath must 

u require the testing of at least duplicate sequential breath 

12 samples. Those regulations must provide: 

13 (1) A specification as to the minimum observation 

14 period before collection of the first breath sample 
is and the time requirements as to collection of 
ir, second and subsequent samples. 

i7 (2) That the test results may only be used to prove a 

is person's particular alcohol concentration if: 



Page 101 SRA-3 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 

i a. The pair of readings employed are from 

2 consecutively administered tests; and 

3 b. The readings do not differ from each other by 
i an alcohol concentration greater than 0.02. 

5 (3) That when a pair of analyses meets the requirements 

r, of subdivision (2), only the lower of the two 

7 readings may be used by the State as proof of a 

o person's alcohol concentration in any court or 

9 administrative proceeding. 

io A person's willful refusal to give the sequential breath samples 

ii necessary to constitute a valid chemical analysis is a willful 

12 refusal under G.S. 20-16. 2(c). 

i 3 A person's willful re f u sal to give the second sequential breath 

1 4 sample will make th e re su its of the first breath test admissible 

is at trial. The results of the chem ical analysis of all breath 

16 samples provided by the person shall be forwarded to the trial 

i 7 co urt . " 

is Sec. 2. This act shall become effective October 1, 

iq 1989. 



SRA-3 Page 102 



1 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

4 SESSION 1989 

5 

6 S/H D 

7 

o SRA-4 

o (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



10 



n Short Title: No Open Alcohol Containers in MVs . (Public) 

12 

1 3 

ii Sponsors: 

1 5 

1 f. 

l? Ref e r red to : 

i n 

i i 

20 
21 

1 A BILL TO BE ENTITLED 

2 AN ACT TO PROHIBIT THE POSSESSION OF OPENED CONTAINERS OF 

3 ALCOHOLIC BEVERAGES IN MOTOR VEHICLES. 

4 The General Assembly of North Carolina enacts: 

5 Section 1. G.S. 18B-401(a) reads as rewritten: 

6 "(a) Opened Containe r s . --I t shall be unlawful for a person to 

7 transport and/or possess fortU-i-ed — win e — &* — s pi r i tuou s — 1 i qu o r 
s alcoho lic beverages in the passenger area of a motor vehicle in 
•> other than the manufacturer's unopened original container. This 

io subsection s hall not apply to passengers on a bus that transports 

ii 15 or more pe ople. J-^ —s hall — be — u nlawful — f-o-c — a — per s on — wh-e — i* 

i 2 driving — a — moto r — vehi c l e ©ri- a- h igh w ay or — publ ic — vehicular — area — fe-o 

i3 co n sume — in — tha -pas sang e-c — a- r ea o f — tha t — vehi cl e — any — ma l t — bev e rage 

14 oc unf orti f i ed wine-. — Violation of this subsection shall 

15 constitute a misdemeanor punishable by a fine of twenty-five 
if. dollars ($25.00) to five hundred dollars ($500.00), impri s onment 
n £&£ — ao-fc — mQE-e--t4^an— 3Jy day s community service of not more than 24 
io hours , or both . " 



Page 103 SRA-4 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 



i Sec. 2. This act shall become effective October 1, 

2 1989. 



SRA-4 p a g e 104 



1 

2 
3 
4 
5 

6 GENERAL ASSEMBLY OF NORTH CAROLINA 

7 

8 SESSION 1989 

io S/H 

1 1 

12 SRA-5 

13 (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



is Short Title: D.W.I. /FAIR SENTENCING. (Public 

i fi 

17 

io Sponsors: 

i t 

2 



21 Referred to: 

22 

2 3 

24 
25 

i A BILL TO BE ENTITLED 

2 AN ACT TO PERMIT A CONVICTION OF LEVEL FIVE DRIVING WHILE 

3 IMPAIRED TO BE USED AS AN AGGRAVATING FACTOR UNDER THE FAIR 
•i SENTENCING ACT. 

5 The General Assembly of North Carolina enacts: 

6 Section 1. G.S. 20-179(k) reads as rewritten: 

7 "(k) Level Five Puni shment . --A defendant subject to Level Five 
a punishment may be fined up to one hundred dollars ($100.00) and 
■> must be sentenced to a term of imprisonment that includes a 

io minimum term of not less than 24 hours and a maximum term of not 

n more than 6-Q 61 days. The term of imprisonment must be suspended, 

12 on the condition that the defendant: 

13 (1) Be imprisoned for a term of 24 hours as a condition 
ii of special probation; or 



Page 105 SRA-5 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 



i (2) Pei form community service for a term of 24 hours; 

2 or 

3 (3) Not operate a motor vehicle for a term of 30 days; 

4 or 

5 (4) Any combination of these conditions. 

fi The judge may in his discretion impose any other lawful condition 

7 of probation and, if required by subsections (1) or (m), must 

8 impose the conditions relating to treatment and education 
<» described in those subsections. This subsection does not affect 

io the right of a defendant to elect to serve the suspended sentence 

ii of imprisonment as provided in G.S. 15A-1341 ( c ) . " 

i? Sec. 2. This act shall become effective October 1, 

13 1989. 



SRA-5 Page 106 



1 

2 

3 
4 
5 
6 
7 
8 
<! 
10 



S/H 



GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 1989 



SRA-6 
(THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



l l 
I 2 
1 3 
1 1 
1 5 
1(> 
17 
18 
1 1 
20 
21 
1 

2 

3 

4 

5 



7 
8 
1 
10 
1 1 
1 2 
1 1 
I I 
1 5 



Short Title: DWI-Provi s ional License Revocation. 



( Public) 



Sponsors : 



Referred to: 



A BILL TO BE ENTITLED 
AN ACT TO ESTABLISH THE PERIOD OF LICENSE REVOCATION FOR 

PROVISIONAL LICENSEES CONVICTED OF DRIVING AFTER DRINKING. 
The General Assembly of North Carolina enacts: 

Section 1. G.S. 20-13. 2(d) reads as rewritten: 
"(d) A- The length of revocation under this section continue s 
until shall b e e qual _ to t he number of days from the date of the 
charge to the provisional licensee' s 18th birthday reache s — L& 
y e a r s — ©i — a<j^ or 4 5 days ha^ve — e lap s ed , whichever occur s — la s t is 
l onge r . Revocations under this section run concurrently with any 
other revocations, but a limited driving privilege issued 
pursuant to law does not authorize a provisional licensee to 
drive if his license is revoked under this section." 

Sec. 2. This act shall become effective October 1, 
1989. 



Page 107 



SRA-6 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 



1 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

i SESSION 1989 

5 

e S/H 

7 

a SRA-7 

q (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



10 



u Short Title: Vehicular Homicide-License Revocation. (Public) 

12 

13 ~" 

14 Sponsors: 

15 
lfi 

17 Ref e r red to : 

1 8 

1 1 ~~~~ 

20 

2 1 

1 A BILL TO BE ENTITLED 

2 AN ACT TO REQUIRE MANDATORY REVOCATION OF LICENSE IN THE CASE OF 

3 HOMICIDE RESULTING FROM MOTOR VEHICLE OPERATION. 

4 The General Assembly of North Carolina enacts: 

5 Section 1. G.S. 20-17 reads as rewritten: 

o "§20-17. Mandatory revocation of license by Division. The 

7 Division shall forthwith revoke the license of any driver upon 

8 receiving a record of such driver's conviction for any of the 
q following offenses when such conviction has become final: 

io (1) MansLaughte-c (-e-c ne-gil igent homicide ) re s ulting 

ii Homicide when the offense results from the 

i ; operation of a motoi vehicle. 



m (2) ImpaiLed driving under G.S. 2 0-138.1. 

ii (3) Any felony in the commission of which a motor 

is vehicle is used. 

16 (4) Failure to stop and render aid as required under 

17 the laws of this State in the event of a motor 
is vehicle accident. 



SRA-7 Page 108 



i (5) Perjury or the making of a false affidavit or 

2 statement under oath to the Division under this 

3 Article or under any other law relating to the 

4 ownership of motor vehicles. 

5 (6) Conviction, or forfeiture of bail not vacated, upon 
r. two chaiges of reckless driving committed within a 
7 period of 12 months. 

s (7) Conviction, or forfeiture of bail not vacated, upon 

9 one charge of reckless driving while engaged in the 

10 illegal transportation of intoxicants for the 

n purpose of sale. 

12 (8) Conviction of using a false or fictitious name or 

13 giving a false or fictitious address in any 
ii application for a driver's license, or learner's 
is permit, or any renewal or duplicate thereof, or 
ifi knowingly making a false statement or knowingly 
17 concealing a material fact or otherwise committing 
is a fraud in any such application or procuring or 
i« knowingly permitting or allowing another to commit 

20 any of the foregoing acts. 

21 (9) Death by vehicle as defined in G.S. 20-141.4. 

22 (10) Speeding in excess of 55 miles per hour and at 

23 least 15 miles per hour over the legal limit in 

24 violation of G.S. 20-141(j). 

25 (11) Conviction of assault with a motor vehicle." 

2c Sec. 2. This act shall become effective October 1, 
27 1989. 



Page 109 



SRA-7 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 



l 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

4 SESSION 1989 

5 

6 S/H 

7 

a SRA-8 

9 (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



i i 

1 2 
1 3 



Short Title: Felony Death By Vehicle Punishment. (Public! 



14 Sponsors : 

is 



if, 

l? Refer red to : 

i o 

j q — 
20 

21 

i A BILL TO BE ENTITLED 

2 AN ACT TO INCREASE THE PENALTY FOR FELONY DEATH BY VEHICLE AND TO 

3 MAKE INVOLUNTARY MANSLAUGHTER A LESSER INCLUDED OFFENSE. 
i The General Assembly of North Carolina enacts: 

5 Section 1. G.S 20-141. 4(al) reads as rewritten: 

« "(al) Felony Death by Vehicle. --A person commits the offense of 

; felony death by vehicle if he unintentionally causes the death of 

a another person while engaged in the offense of impaired driving 

<> under G.S. 20-138.1 and commission of that offense is the 

io proximate cause of the death. Invo luntary manslaughter under 

u G.S. 14-18 is a lesser included offen se." 

12 Sec. 2. G.S. 20-141. 4(b) reads as rewritten: 

13 "(b) Punishments . --Felony death by vehicle is a Class i G felony. 

14 Misdemeanor death by vehicle is a misdemeanor punishable by a 
is fine of not more than five hundred dollars ($500.00), 
if. imprisonment for not more than two years, or both, in the 
17 discretion of the court." 

is Sec. 3. This act shall become effective October 1, 

ii 1989. 



SRA-8 Page 110 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 



l 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

a SESSION 1989 

S 

G S/H 

7 

a SRA-8 

9 (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



li Short Title: Felony Death By Vehicle Punishment. (Public) 

12 
1 3 

i 4 Sponsors : 
i^ 

IG 

i ; Re f er red to : 

10 

l <t 

20 
21 



i A BILL TO BE ENTITLED 

2 AN ACT TO INCREASE THE PENALTY FOR FELONY DEATH BY VEHICLE AND TO 

3 MAKE INVOLUNTARY MANSLAUGHTER A LESSER INCLUDED OFFENSE. 
i The General Assembly of North Carolina enacts: 

5 Section 1. G.S 20-141. 4(al) reads as rewritten: 

fi "(al) Felony Death by Vehicle. --A person commits the offense of 

; felony death by vehicle if he unintentionally causes the death of 

o another person while engaged in the offense of impaired driving 

i under G.S. 20-138.1 and commission of that offense is the 

io proximate cause of the death. Invo luntary manslaughter under 

it G.S. 14-18 i s a l es ser included of fense ." 

12 Sec. 2. G.S. 20-141. 4(b) reads as rewritten: 

13 "(b) Puni shments . --Felony death by vehicle is a Class 1 G felony. 
ii Misdemeanor death by vehicle is a misdemeanor punishable by a 
is fine of not more than five hundred dollars ($500.00), 
ir, imprisonment for not more than two years, or both, in the 
17 discretion of the court." 

io Sec. 3. This act shall become effective October 1, 

ii 1989. 



SRA-8 Page 110 



1 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

4 SESSION 1989 

5 

6 S/H 

7 

8 SRA-9 

■» (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



10 



n Short Title: Juveniles-Implied Consent Law. (Public) 

1 2 
1 3 

li Sponsors : 

15 

1 f, ____^^_^___^^^^^^^_ 

i7 Ref e r red to : 

1 8 
1 1 
20 
21 

i A BILL TO BE ENTITLED 

2 AN ACT TO CLARIFY THAT JUVENILES ARE INCLUDED WITHIN THE CLASS OF 

3 PERSONS SUBJECT TO THE IMPLIED CONSENT LAWS. 

4 The General Assembly of North Carolina enacts: 

5 Section 1. G.S. 20-16. 2(al) reads as rewritten: 

« "(al) Meaning of Terms. -- Under this section, an "implied- 

7 consent offense" is an offense involving impaired driving or an 

a alcohol-related offense made subject to the procedures of this 

i section. A person is "charged" with an offense if he is arrested 

io for itj^ o-£ — ir-t — criminal process for the offense has been issued^ 

u or, if the pe rson ^s a ju venile, he would have been arrested or 

12 criminal proces s wou ld have been issued if he were an adult . A 

13 "charging officer" is a law-enforcement officer who arrests the 
ii person charged, lodges the charges, takes the juvenile into 
is pro tecti ve custody, oi assists the officer who arrested the 
ifi person^ o-r— lodged the charge , or took the juvenile into 
1' protecti ve custody by assuming custody of the person to make the 
io request required by subsection (c) and, if necessary, to present 
19 the person to a judicial official for an initial appearance." 



Page 111 SRA-9 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 



1 Sec. 2. This act shall become effective October 1, 

2 1989. 



SRA-9 Page 112 



1 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

4 SESSION 1989 

5 

6 S/H 

7 

8 SRA-10 

q (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



10 



n Short Title: D .W . I . /COMMERCIAL MOTOR VEHICLES. (Public) 
\i 

13 ~ 

14 Sponsors : 

15 

16 

i7 Referred to: 

1 o 

1 9 — ———^^^^^—^— —————— —-^^^—^^^——— ————^^^^^^^—^— ^—^———— ————— ^—— 

20 
21 

1 A BILL TO BE ENTITLED 

2 AN ACT TO MAKE OPERATING A COMMERCIAL VEHICLE WITH MORE THAN 0.02 

3 PERCENT ALCOHOL BY WEIGHT IN THE OPERATOR'S BLOOD THE OFFENSE 

4 OF DRIVING WHILE IMPAIRED IN COMMERCIAL VEHICLE. 

5 The General Assembly of North Carolina enacts: 

r. Section 1. G.S. 20-4.01 is amended by adding a new 

7 subdivision to read: 

8 " ( 3c ) ' Co mme r c i a 1 Moto r Ve hicle.' A vehicle: ( a ) which 

9 requires the driver to possess a valid Class A or Class B 
i o driver's license, or a similar driver's license issued by another 
u state; or (b) w h ich is a s choo l bus, school activity bus, church 

12 bus, farm bus, ambulance , volunteer transportation vehicle, 

13 activity bus operated^ for a n onp r ofit orga nization when the 
ii activity bus is o perated for a nonprofit purpose, or a fire- 

15 fight ing vehicle or combination of vehi cles when operated by any 
i 6 volunteer me mber o f a munic ipal or rural fire department in the 
n per forma nce of his duty." 

io Sec. 2. G.S. 20-4.01 is amended by adding a new 

ii subdivision to read: 



Page 113 SRA-10 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 



i 
a 
9 

I 

I I 



i " (12a) Gross Vehicle Weight. — The gross vehicle weight is the 

2 r egistered or dec lared weigh t of the vehicle. If no weight is 

3 registered or declared, then the gross vehicle weight is the 

4 actual weight of t he veh icle . " 

5 Sec. 3. G.S. 20-4.01(24a) reads as rewritten: 
"(24a) Offense Involving Impaired Driving. -- Any of the 

following offenses: 

a. Impaired driving under G.S. 20-138.1. 

b. Death by vehicle under G.S. 20-141.4 when 
conviction is based upon impaired driving or a 
substantially equivalent offense under previous 

12 law. 

n c. Second degree murder under G.S. 14-17 or 

n involuntaiy manslaughter under G.S. 14-18 when 

i 5 conviction is based upon impaired driving or a 

t6 substantially equivalent offense under previous 

17 law . 

d. An offense committed in another jurisdiction 
substantially equivalent to the offenses in 

20 subparagraphs a through c. 

21 e. A repealed or superseded offense substantially 

22 equivalent to impaired driving, including offenses 

23 under former G.S. 20-138 or G.S. 20-139. 

2<\ t_^ Impai red drivi ng in a commercial motor vehicle 

25 under G.S . 20-138.2, except that convictions of 

2 h imp aired drivi ng under G.S. 20-138.1 and G.S. 

2i 20-13 8.2 arising out of the same transaction shall 

be considered a single conviction of an offense 



1 B 
It 



2n 



20 involving impaired driving for any purp o se un der 

m this Chapt e r . 

)] A conviction under former G.S. 20-140(c) is not an offense 

52 involving impaired driving." 

ii Sec. 4. G.S. 20-7(a) roads as rewritten: 

ii "(a) Except as otherwise provided in this Article, no person 

>5 shall operate a motor vehicle on a highway unless such person has 



SRA-10 Page 114 



i first been licensed by th(> Division undec the provisions of this 

2 Article foi the type or class of vehicle being driven. Drivers' 

3 licenses shall be classified as follows: 



5 
fi 
7 


q 

10 

ll 

12 

1 3 
14 
15 
1 fi 

17 
1 8 

1 9 
20 
21 
22 
2} 

2 4 
25 
2fi 

2 7 
28 
29 

3 
3 1 
32 
3 3 
3 1 



(1) Class 'A' which entitles a licensee to drive any 
vehicle or combination of vehicles, except 
motorcycles, including all vehicles under Classes 
'B' or 'C. ' 

(2) Class 'B' which entitles a licensee to drive a 
single vehicle weighing over 30,0 26,000 pounds 
gross vehicle weight, any such vehicle towing a 
vehicle weighing 10,000 pounds gross vehicle weight 
or less, a single vehicle designed to carry more 
than 12 passengers and all vehicles under Class 
'C' A Class 'B' license does not entitle the 
licensee to drive a motorcycle. 

(3) Class 'C which entitles a licensee to drive a 
single vehicle weighing 30,00 26,000 pounds gross 
vehicle weight or less; any such vehicle towing a 
vehicle weighing 10,000 pounds gross vehicle weight 
or less; a church bus, farm bus, volunteer 
transportation vehicle, or activity bus operated 
for a nonprofit organization when the activity bus 
is operated for a nonprofit purpose; and a 
fire-fighting vehicle or combination of vehicles 
(regardless of gross vehicle weight) when operated 
by any volunteer member of a municipal or rural 
fire department in the performance of his duty. A 
Class 'C license does not entitle the licensee to 
drive a motorcycle. A Class 'C license does not 
entitle the licensee to drive a vehicle designed to 
carry more than 12— 15 passengers unless this 
subsection or G.S. 20-218(a) specifically entitles 
him to do so . 

The dr iver of any vehicle transp orting hazardous materials as 
determined by Sec . 103 of The Hazardous Material Transportation 



Page 115 



SRA-10 



GENERAL ASSEMBLY OF NORTH CAROLINA 



SESSION 1989 



i Act, as amended, must possess a Class A or a Class B driver's 

2 1 ice rise . 

i Any unusual vehicle shall be assigned by the Commissioner to 

1 the most appropriate class with suitable special restrictions if 

s they appear to be necessary. 

6 Any person who takes up residence in this State on a permanent 

7 basis is exempt from the piovisions of this subsection for 30 
a days from the date that residence is established, if he is 
i properly licensed in the jurisdiction of which he is a former 

io resident . " 

ii Sec. 5. G.S. 20-7(i) reads as rewritten: 

12 "(i) The fee for issuance or reissuance of a Class 'C license 

13 is ten dollars ($10.00). The fee for issuance or reissuance of a 
n Class ' B ' or Class 'A' license is fift ee n dollar s — ( $ 15 . 00) twenty 
is dollars ($20.00) . A person receiving at the same time a driver's 
if. license and an endoLsement pursuant to G.S. 20-7(al) shall be 
17 charged only the fee required for the class of driver's license 
io he is receiving." 

io Sec. 6. G.S. 20-16 . 2( a ) ( 4 ) reads as rewritten: 

20 " ( 4 ) i-f- — a-n-y — kes^-_r-»veal« — a^i_— aieoliol — co n ce nt ration — ©4 — . 10 — o-e 

21 moc-e-r -h His driving privilege will be revoked immediately for at 

22 least 10 days^ ij:^ 

23 
21 
25 
2fi 

2 7 
20 
2<> 

3 
31 
32 
3 3 
M 



The test reveals 


an alcohol 


concentration 


of 0.10 


or more, or 








He was driving a 


comme rcial 


motor vehicle 


and the 



"(2 



test^ reveals ja n alco ho l concentration of 0.02 or 

mote in his blood." 
Sec. 7. G.S. 20-16. 2( i ) ( 2 ) reads as rewritten: 
That his licenso will be revoked for at least 10 days i f j[_ 
a_^ Tthe test reveals an alcohol concentration of 0.10 

or mote; and or 
b. He was driving a commercial motor vehicle and the 

test results reveal any alcohol in his." 
Sec. 0. The catch line of G.S. 20-16. 5(b) reads as 
15 rewritten: "Revocations for Persons Who Refuse Chemical Analyses 



SRA-10 



Page 116 



4 
5 
6 
7 
8 

10 
11 
12 
13 
14 
15 
16 
17 
18 
11 
20 
21 



i or Have Alcohol Concentrations of 0.10 or More After Driving a 

2 Mo tor Veh icle or .02 in Their B lood After Driving a Commercial 

3 Vehicle . — ". 
Sec. 9. G.S. 20-16 . 5(b) ( 4 ) reads as rewritten: 



"(4) The person: 

a. Willfully refuses to submit to the chemical 
analysis; or 

b. Has an alcohol concentration of 0.10 or more within 
a relevant time after the driving-^ ; or 

c . Has an alcohol concentra tion of 0.02 or more within 
a relevant time afte r the driving of a commercial 
motor vehicle; and". 

Sec. 10. G.S. 20-16. 5(bl ) ( 2) reads as rewritten: 
"(2) He has-, — a-fe — ftfly-^elevant tim e — aft e r — th e driving, — aj^ 

a . An alcohol concentration of 0.10 or more at any 
relevant t ime af ter the driving; or 

b. An alcohol concentration of 0.02 or more at any 
relevant time after the driving of a commercial 
motor vehicle; and". 



Sec. 11. G.S. 20-16. 5(j) reads as rewritten: 
"(j) Costs . --Unless the magistrate or judge orders the 

22 revocation rescinded, a person whose license is revoked under 

23 this section must pay a fee of twenty-five dollars ($25.00) as 
m costs for the action before his license may be returned under 

25 subsection ( h ) . ; provid ed, however, if the revocation is pursuant 

26 to G.S. 20 -16. 5(b ) (4)c. or G.S. 2 0-16 . 5 ( bl ) ( 2 ) b . , the fee shall 

27 be fifty dollars ($5 0.00 ). The costs collected under this 

28 section go to the State." 

21 Sec. 12. Article 2 of Chapter 20 of the General 

10 Statutes is amended by adding a new section to read: 

Ji " S 20-17.4. Mandatory Revocation of a Class A or Class B 

32 Lic ens e. --The Division shall forthwit h revoke the Class A or 

13 Class B licens e of any driver upon rece iving a record of a final 

31 conviction of such drivci for impaired driv ing in a commercial 

15 ve hicl e under G.S. 20-138.2. Under th is section only, a final 



Page 117 



SRA-10 



GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 

1 conviction of any driver for violating G.S. 20-138.1 shall not be 

2 grounds for revoking the license of such driver. " 

3 Sec. 13. G.S. 20-19 is amended by adding a new 

4 subsection to read: 

5 " (c2) When a license is revoked under G.S. 20-17.4, the period 



6 


of suspension shall be for 


one year for the first conviction of 


7 


G.S. 20-138.2, 10 years 


for the second conviction of G.S. 


8 


20-138.2, and for life for 


a third or subsequent conviction of 


9 


G.S. 20-138.2. This period 


of suspension applies only to a Class 



io A or Class B license and not to a Class C license. " 

n Sec. 14. G.S. 20-26 is amended by adding a new 

12 subsection to read: 

i 3 " (bl) The registered or declared weight set forth on the 



14 


vehicle registration card or a certified copy of the Division 


15 


record sent by the Police Information Network or otherwise is 


16 


admissible in any judicial or administrative proceeding and shall 


17 


be prima facie evidence of the registered or declared weight." 



is Sec. 15. Chapter 20 of the General Statutes is amended 

it by adding a new section to read: 

20 " § 20-138.2. I mpaired driving in commercial vehicle. — (a) 

21 Offense. --A person commits the offense of impaired driving in a 

22 commercial motor vehicle if he drives a commercial motor vehicle 

23 upon any highway, any street, or any public vehicular area within 

24 the State: 

25 ( 1 ) While appreciably under the influence of an 
2 6 impairing substance; or 

27 ( 2 ) After having consumed sufficient alcohol that he 

20 has, at any relevant time after the driving, 0.02 

2"> percent by weight of alcohol in his blood. 

30 (b) Defense Precluded. — The fact that a person charged with 



31 


violating this section is or has been legally entitled to 


use 


32 


alcohol or a drug is not a defense to a charge under 


this 


33 
34 


section. 

(c) Pleading. --To charge a violation of this section, 


the 


35 


pleading is sufficient if it states the time and place of 


the 



SRA-10 Page 118 



i alleged offense in th e usual form and charges the defendant drove 

2 a commercial motor vehicle on a highway, street, or public 

3 vehicular area while subjec t to an impairing substance. 

4 (d) Implie d Co n sent Of f e n se . - -An offense under this section is 

5 an implied consent offense subject to the provisions of G.S. 

6 20-16.2. 

7 (e) Punishment; Effect Whe n Impaired Driving Offense Also 
a Charged . --The offense in this section is a misdemeanor punishable 
o by a fine of not less than on e hun dred dollars ($100.00), up to 

io two years imprisonment, or both. This offense is not a lesser 

i i included offense of i mpai re d dr iving under G.S. 20-138.1, but if 

12 a person is conv icted under this section and of an offense 

13 involving impaired driving un der G.S. 2 0-138.1 arising out of the 
n same transactio n, the agg regate punishment imposed by the Court 
is may not excee d th e maximum puni shment applicable to the offense 
if. involving impaired driving un der G .S. 20-138 . 1 . 

17 ( f ) Lijnited Driving^ Pr ivi lege . -- A person convicted of the 

i a offense of impaired driving un de r this section is eligible for a 

19 limited dri ving pr ivilege if: 

(1) At the time of the offense he held either a valid 



20 

21 
22 

2 3 
24 
25 
2G 
27 
28 
20 
30 
31 
32 

3 3 
3'1 



(2) 



driver ' _s_ 1 i cense or a license that had been expired 

for less than one year; 

At the time of the offense he had not within the 



prec edin g seven yea rs been convicted of an offense 

involvi ng imp aired driving; 
( 3 ) Subsequent to the offense he has not been convicted 

of, or had an unresolved charge lodged against him 

f ° E. »_ a _ n o ffe nse i n v ol ving impaired driving. 
(4J_ The court fi nds slight impairment of the 

defen dant 's facul ti es, and an alcohol concentration 

that did^ not exceed . 10 at any relevant time after 

the driving. 
The limit e d d ri ving pr i v i 1 e g e under this section shall be 
issued f or Jjie purposes speci f iecl in G.S. 20-179. 3(a) and 



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GENERAL ASSEMBLY OF NORTH CAROLINA 



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1 according to the pr o cedure in G.S. 20-179. 3(d) and G.S 

2 20-179. 3( f)-(k) . 



3 (g) The provision s of G.S. 20-139.1 shall apply to the offense 

4 of i mpai r ed dri ving in a com mer ci al motor vehicle. " 

5 Sec. 16. G.S. 20-138.4 reads as rewritten: 

», "§ 20-138.4. Requirement that prosecutor explain reduction or 

7 dismissal of charge involving impaired driving. --In a ny case in 

o w hich a person is charged with an off ense involving impaired 

o dri ving , Aany prosecutor must enter detailed facts in the record 

in &L— ajiy c a se — involving imp*it«d diiving explaining the reasons for 

11 his action if he: 

12 (1) Enters a voluntary dismissal; or 

l? (2) Accepts a plea of guilty or no contest to a lesser 

ii included offense; or 

is (3) Substitutes another charge, by statement of charges or 

i (. otherwise, if the substitute charge carries a lesser mandatory 

n minimum punishment or is not an offense involving impaired 

in driving; or 

19 (4) Otherwise takes a discretionary action that effectively 

20 dismisses or reduces the original charge in the case involving 

21 impaired driving. 

22 General explanations such as 'interests of justice' or 
2t 'insufficient evidence' are not sufficiently detailed to meet 
21 the requirements of this section." 

25 Sec. 17. This act shall become effective October 1, 

26 1989. 



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1 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

4 SESSION 1989 

5 

6 S/H 

7 

e SRA-11 

9 (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



10 



li Short Title: BAC 0.09 or Less Mitigator. (Public) 

12 

1 3 ■ — 

14 Sponsors: 

1 s 

lfi 

17 Referred to: 

18 
19 

20 
21 

1 A BILL TO BE ENTITLED 

2 AN ACT TO MAKE REMOVE A BLOOD ALCOHOL LEVEL NOT EXCEEDING 0.09 A 

3 MITIGATING FACTOR IN SENTENCING FOR DRIVING WHILE IMPAIRED. 
i The General Assembly of North Carolina enacts: 

5 Section 1. G.S. 20-179(e) reads as rewritten: 

« "(e) Mitigating Factors to Be Weighed. — The judge must also 

7 determine before sentencing under subsection (f) whether any of 

b the mitigating factors listed below apply to the defendant. The 

■> judge must weigh the degree of mitigation of each factor in light 

io of the particular circumstances of the case. The factors are: 
ii (1) Slight impairment of the defendant's faculties 

12 resulting solely from alcohol, and an alcohol 

13 concentration that did not exceed .1 1 0.09 at any 
ii relevant time after the driving. 

is (2) Slight impaiiment of the defendant's faculties, 

N. resulting solely from alcohol, with no chemical 

r; analysis having been available to the defendant. 



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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 

1 (3) Driving at the time of the offense that was safe 

2 and lawful except for the impairment of the 

3 defendant's faculties. 

i (4) A safe driving record, with the defendant's having 

5 no conviction for any motor vehicle offense for 

6 which at least four points are assigned under G.S. 

7 20-16 or for which the person's license is subject 
a to revocation within five years of the date of the 
<f offense for which the defendant is being sentenced. 

io (5) Impairment of the defendant's faculties caused 

ii primarily by a lawfully prescribed drug for an 

12 existing medical condition, and the amount of the 

M drug taken was within the prescribed dosage. 

ii (6) The defendant's voluntary submission to a mental 

15 health facility for assessment after he was charged 

if' with the impaired driving offense for which he is 

17 being sentenced, and, if recommended by the 

is facility, his voluntary participation in the 

ii recommended treatment. 

to (7) Any othei factoi that mitigates the seriousness of 

21 the offense . 

22 Except for the factors in subdivisions (4), (6) and (7), the 

23 conduct constituting the mitigating factor must occur during the 
21 same transaction or occurrence as the impaired driving offense." 

25 Sec. 2. This act shall become effective October 1, 

26 1989. 



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1 

2 GENERAL ASSEMBLY OF NORTH CAROLINA 

3 

4 SESSION 1989 

5 

< S/H 

7 

8 SRA-12 

q (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) 



10 



n Short Title: Safe Roads Act Sentencing. (Public) 

1 2 
1 3 

14 Sponsors: 

15 
1 f, 

i7 Ref e r red to : 

I o 

1 I ' ' ' 

;o 

21 

1 A DILL TO BE ENTITLED 

2 AN ACT TO PROVIDE FOR SENTENCING PROCEDURES WHEN TWO OR MORE 

3 OFFENSES OF DRIVING WHILE IMPAIRED ARE SENTENCED TOGETHER. 

4 The General Assembly of North Carolina enacts: 

5 Section 1. G.S. 20-179(c) reads as rewritten: 

<< "(c) Determining Existence of Grossly Aggravating Factors. --At 

7 the sentencing hearing, based upon the evidence presented at 

a trial and in the hearing, the judge must first determine whether 

n there are any grossly aggravating factors in the case. If the 

io defendant has been convicted of two or more prior offenses 

ii involving impaired driving, if the convictions occurred within 

12 seven years before the date of the offense for which he is being 

13 sentenced, the judge must impose the Level One punishment under 
ii subsection (g). The judge must also impose the Level One 
is punishment if he determines that two or more of the following 
i r. grossly aggravating factors apply: 

w (1) A single conviction for an offense involving 

in impaired driving, if the conviction occurred within 



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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 

1 seven years before the date of the offense for 

which the defendant is being sentenced. 

3 (2) Driving by the defendant at the time of the offense 

4 while his driver's license was revoked under G.S. 

5 20-28, and the revocation was an impaired driving 
r, revocation under G.S. 20- 28.2(a). 

7 (3) Serious injury to another person caused by the 

b defendant's impaired driving at the time of the 

9 offense. 

io If the judge determines that only one of the above grossly 

il aggravating factors applies, lie must impose the Level Two 

12 punishment under subsection (h). In imposing a Level One or Two 

ii punishment, the judge may consider the aggravating and mitigating 

il factors in subsections (d) and (e) in determining the appropriate 

i r . sentence. If there are no grossly aggravating factors in the 

ii. case, the judge must weigh all aggravating and mitigating factors 

17 and impose punishment as required by subsection (f). 

i a A conviction f or an o t her offe nse _ i nvolving impaired driving, 

i i for which t he con v ictio n occ ur s after the date of the offense for 

2 which the defen dant is p r es entl y bei ng sentenced, but prior to or 

21 contemporaneously with the prese nt sentencing, shall also 

2z constitute a prior conviction involving im pai re d driving for 

23 agg ravat ion purposes of this subsection." 

21 Sec. 2. This act is effective upon ratification. 



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HECKMAN lil 

1INDERY INC. |8| 

@^ MAY 89 

N. MANCHESTER, 
INDIANA 46962