GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 158
Committee Substitute Favorable 5/13/91

Short Title:  18-21 Automatic DWI Revocation.	(Public)
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Sponsors:
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Referred to:  
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February 25, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR A 45-DAY REVOCATION OF THE DRIVERS LICENSE OF A PERSON AT LEAST 18 YEARS OLD AND UNDER 21 YEARS WHO IS CONVICTED OF DRIVING A MOTOR VEHICLE AFTER CONSUMING ANY ALCOHOL OR DRUGS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-138.3 reads as rewritten:
"§ 20-138.3. Driving by persons under age 21 after consuming alcohol or drugs.
(a)	Offense. – It is unlawful for a person under 21 years of age 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 controlled substance previously consumed, but a person under 21 years of age 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 Implied-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 a misdemeanor punishable under G.S. 20-176(c). 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."
Sec. 2. G.S. 20-13.2 reads as rewritten:
"§ 20-13.2. License revocations of persons under 21 years of age.
(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 under 21 years of age, 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 under 21 years of age, 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)	For persons who are provisional licensees at the time of the offense or willful refusal, a revocation under this section continues until the provisional licensee reaches 18 years of age or 45 days have elapsed, whichever occurs last. For persons at least 18 years old and under 21 years at the time of the offense or willful refusal, a revocation under this section shall be for 45 days. Revocations under this section run concurrently with any other revocations, but a limited driving privilege issued pursuant to law does not authorize a person to drive if his license is revoked under this section.  Upon petition to the court and a showing that the petitioners present, full time gainful employment requires the use of a drivers license as a condition of employment, the court may substitute in lieu of the 45 days revocation 24 hours of community service within the 45 day period, provided the same shall not be used to reduce any revocation imposed due to refusal to submit to chemical analysis.
(e)	Before the Division restores a driver's license that has been suspended or revoked under any provision of this Article, other than G.S. 20-24.1, the person seeking to have his driver's license restored shall submit to the Division proof that he has notified his insurance agent or company of his seeking the restoration and that he is financially responsible.  Proof of financial responsibility shall be in one of the following forms:
(1)	A written certificate or electronically-transmitted facsimile thereof from any insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility.  The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and shall state the date that the certificate or facsimile is issued.  The certificate or facsimile shall remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but shall not in and of itself constitute a binder or policy of insurance; or
(2)	A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.
The preceding provisions of this subsection do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that are owned by other persons and that are not insured under commercial motor vehicle liability insurance policies.  In such cases, the applicant shall sign a written certificate to that effect.  Such certificate shall be furnished by the Division and may be incorporated into the restoration application form.  Any material misrepresentation made by such person on such certificate shall be grounds for suspension of that person's license for a period of 90 days.
For the purposes of this subsection, the term 'nonfleet private passenger motor vehicle' has the definition ascribed to it in Article 40 of General Statute Chapter 58.
The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner. The financial responsibility required by this subsection shall be kept in effect for not less than three years after the date that the license is restored.  Failure to maintain financial responsibility as required by this subsection shall be grounds for suspending the restored driver's license for a period of thirty (30)	days.  Nothing in this subsection precludes any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter."
Sec. 2. This act becomes effective October 1, 1991, and applies to offenses committed on or after that date.