GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 662*

Short Title:  DWI Civil License Revocation.	(Public)
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Sponsors: Representatives Privette; Arnold, Barbee, Creech, Cromer, Culp, Decker, L. Etheridge, Hege, Howard, Isenhower, Kimsey, Lail, Rhodes, Sizemore, Stam, Weatherly, and G. Wilson.
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Referred to:  
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A BILL TO BE ENTITLED
AN ACT TO INCREASE THE IMMEDIATE CIVIL LICENSE REVOCATION FOR CERTAIN PERSONS CHARGED WITH IMPLIED-CONSENT OFFENSES FROM TEN DAYS TO THIRTY DAYS AND FOR CERTAIN OTHER PERSONS FROM THIRTY DAYS TO SIXTY DAYS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-16.5(e) reads as rewritten:
"(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 30 days and the person has paid the applicable costs. If the person is not currently licensed, the revocation continues until 30 days from the date the revocation order is issued and the person has paid the applicable costs. 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 must be issued to a member of a local law-enforcement agency if the charging officer was employed by the agency at the time of the charge and the person resides in or is present in the agency's territorial jurisdiction. In all other cases, the pick-up order must be issued to an officer or inspector of the Division. A pick-up order issued pursuant to this section is to be served in accordance with G.S. 20-29 as if the order had been issued by the Division."
Sec. 2.  G.S. 20-16.5(f) reads as rewritten:
"(f)	Procedure if Report Filed with Clerk of Court When Person Not Present.–When a clerk receives a properly executed report 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 must be issued and served in the same manner as specified in subsection (e) for pick-up orders issued pursuant to that subsection. 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)	Thirty 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 order; or
	(2)	Thirty 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)	Sixty 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.  
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."
Sec. 3.  G.S. 20-28(a1) reads as rewritten:
"(a1)	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 60 days after the effective date of a revocation order 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 30 days after the effective date of the 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. 4. G.S. 20-16.2(a) reads as rewritten:
"(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 30 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 charged.
	(4)	If any test reveals an alcohol concentration of 0.10 or more, his driving privilege will be revoked immediately for at least 30 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."
Sec. 5.  G.S. 20-16.2(i) reads as rewritten:
"(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 of his breath, if available, in accordance with the procedures required by G.S. 20-139.1(b). 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 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 implied-consent offense that may arise;
	(2)	That his license will be revoked for at least 30 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 implied-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. The results of the chemical analysis are admissible in evidence in any proceeding in which they are relevant."
Sec. 6.  G.S. 20-16.5(k) reads as rewritten:
"(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 30-day minimum revocation was imposed, and the license was properly returned to the person under subsection (h) within five working days after the 10-day period had elapsed."
Sec. 7.  This act shall become effective October 1, 1989.