A BILL TO BE ENTITLED
AN ACT to implement the recommendations of the Governor's Task force on driving while impaired.
The General Assembly of North Carolina enacts:
PART I.  REGULATING MALT BEVERAGE KEGS
SECTION 1.  G.S. 18B‑403(a) reads as rewritten:
"(a)	Amounts. – With a purchase‑transportation permit, a person may purchase and transport an amount of alcoholic beverages greater than the amount specified in G.S. 18B‑303(a). A permit authorizes the holder to transport from the place of purchase to the destination within North Carolina indicated on the permit at one time the following amount of alcoholic beverages:
(1)	A maximum of 100 liters of unfortified wine;
(2)	A maximum of 40 liters of either fortified wine or spirituous liquor, or 40 liters of the two combined; or
(3)	The amount of fortified wine or spirituous liquors specified on the purchase‑transportation permit for a mixed beverage permittee.
(4)	A keg of malt beverage for off‑premises consumption."
SECTION 2.  G.S. 18B‑303(a) reads as rewritten:
"(a)	Purchases Allowed. – Without a permit, a person may purchase at one time:
(1)	Not more than 80 liters of malt beverages, except draft malt beverages in kegs for off‑premises consumption. For purchase of a keg of malt beverages for off‑premises consumption the permit required by G.S. 18B‑403(a)(4) must first be obtained;
(2)	Any amount of draft malt beverages by a permittee in kegs for on‑premise consumption;
(3)	Not more than 50 liters of unfortified wine;
(4)	Not more than eight liters of either fortified wine or spirituous liquor, or eight liters of the two combined."
PART II.  to make pretrial civil revocation remain in effect until the trial and appeal of all charges and to affect the payment of the limited driving privilege restoration fee and to provide for the forfeiture of certain motor vehicles.
SECTION 3.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑5A. Purpose of this chapter.
The safe operation and use of vehicles and motor vehicles is necessary for protection of the safety and health of the citizens of this State as well as their property. The issuance, denial, cancellation, suspension, and revocation of the license to drive and the regulation of the operation of vehicles, registration of vehicles, and the regulation of the use of the highways and public vehicular areas are essential to protect the citizens of this State. The issuance, denial, cancellation, suspension, and revocation of the license to drive or the registration of a vehicle is declared a matter of highway safety to be implemented by the Division in accordance with the laws of this Chapter. The issuance, denial, cancellation, suspension, and revocation of the license to drive or the registration of a vehicle is not intended to be part of the punishment of a person who is convicted of a crime."
SECTION 4.  G.S. 20‑16.5 reads as rewritten:
"§ 20‑16.5.  Immediate civil license revocation for certain persons charged with implied‑consent offenses.
(a)	Definitions. – As used in this section the following words and phrases have the following meanings:
	
(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 law enforcement officer and a chemical analyst containing facts indicating that the conditions of subsection (b) have been met, and whether the person has a pending offense for which the person's license had been or is revoked under this section. 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 Carolina court. 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 he is validly licensed; the filing of the affidavit constitutes a surrender of the person's license.
(b)	Revocations for Persons Who Refuse Chemical Analyses or Who Are Charged With Certain Implied‑Consent Offenses. – A person's driver's license is subject to revocation under this section if all of the following apply:
(1)	A law enforcement officer has reasonable grounds to believe that the person has committed an offense subject to the implied‑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.
(4)	The  following apply to the person:
a.	He or she refuses to submit to the chemical analysis.
b.	He or she has an alcohol concentration of 0.08 or more within a relevant time after the driving.
c.	He or she has an alcohol concentration of 0.04 or more at any relevant time after the driving of a commercial motor vehicle.
d.	He or she has any alcohol concentration at any relevant time after the driving and the person is under 21 years of age.
							(c)	Duty of Officers and Chemical Analysts to Report to Judicial Officials. – If a person's driver's license is subject to revocation under this section, the law enforcement 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 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. It is the specific duty of the charging officer to make sure that the report is expeditiously filed with a judicial official as required by this 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 Division 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 shall, 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 shall enter an order revoking the person's driver's license for the period required in this subsection. The judicial official shall order the person to surrender his license and if necessary may order a law‑enforcement officer to seize the license. The judicial official shall give the person a copy of the revocation order. In addition to setting it out in the order the judicial official shall personally inform the person of his right to a hearing as specified in subsection (g), and that his license remains revoked pending the hearing. 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 the period specified in this subsection, and the person has paid the applicable costs. The revocation shall remain in effect until a final judgment, including all appeals, has been entered for the current offense and for all pending offenses. In no event, may the period of revocation under this subsection be less than 30 days. 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 shall immediately issue a pick‑up order. The pick‑up order shall 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 shall 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.
(f)	Procedure if Report Filed with Division When Person Not Present. – When a clerk receives a properly executed report under subdivision (d)(3) it shall determine whether there is probable cause to believe that each of the conditions of subsection (b) has been met. For purposes of this subsection, a properly executed report under subdivision (d)(3) may include a sworn statement by the charging officer along with an affidavit received directly by the Division from the chemical analyst. If he determines that there is such probable cause, he shall mail to the person a revocation order by first‑class mail. The order shall direct that the person on or before the effective date of the order either surrender his license the Division or appear before the Division and demonstrate that he is not currently licensed, and the order shall 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 Division or appear before the Division to demonstrate that he is not currently licensed, the Division shall immediately issue a pick‑up order. The pick‑up order shall 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 revocation shall remain in effect until a final judgment, including all appeals, has been entered for the current offense and for all pending offenses. In no event may the period of revocation for the current offense be less than the applicable period of revocation in subdivision (1), (2), or (3) of this subsection. When a pick‑up order is issued, it shall 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 shall 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 shall deposit it with the clerk within three days of the surrender.
(g)	Hearing 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 within 10 days of the effective date of the revocation to the Division in a manner required by the Division. The Administrative Office of the Courts, in consultation with the Division, shall develop a hearing request form for any person requesting a hearing and which includes the filing of the revocation report forms along with the hearing request. The revocation remains in effect pending the hearing, but the hearing shall be held within five working days. The request for the hearing shall specify the grounds upon which the validity of the revocation is challenged and the hearing must be limited to the grounds specified in the request. 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 official conducting the hearing, and the 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 official may accept as true any matter stated in the revocation report. If any relevant condition under subsection (b) is contested, the 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 official must enter an order sustaining or rescinding the revocation. The 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 official. The decision of the official may be appealed to Superior Court on the record. If the hearing is not held and completed within five working days a temporary drivers license may be issued until the hearing can be held, unless the person contesting the revocation contributed to the delay in completing the hearing. 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.
(h)	Return of License. – After the applicable period of revocation under this section, or if the revocation is rescinded, the person whose license was revoked may apply to the Division for return of his surrendered license. Unless the person is not eligible to use the surrendered license the Division shall return it if:
(1)	The applicable period of revocation has passed and the person has tendered payment for the costs under subsection (j); or
(2)	The revocation has been rescinded.
If the driver is required to have an ignition lock pursuant to G.S. 20‑16.6, the Division shall include the license restriction that limits the driver to operating a vehicle equipped with an ignition interlock. This restriction shall remain on the license until the driver has complied with G.S. 20‑16.6. 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. 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.
(i)	Effect of Revocations. – A revocation under this section revokes a person's privilege to drive in North Carolina whatever the source of his authorization to drive. Revocations under this section are independent of and run concurrently with any other revocations. No court imposing 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 whose license is revoked pursuant to this section is not eligible to receive a limited driving privilege except as specifically authorized by G.S.  20‑11.1.
(j)	Costs. – Unless the revocation rescinded, a person whose license is revoked under this section shall pay a fee of fifty dollars ($50.00) as costs for the action before the person's license may be returned under subsection (h) or when the driver obtains a limited driving privilege pursuant to G.S. 20‑11.1. The costs collected under this section shall be credited to the General Fund. Fifty percent (50%) of the costs collected shall be used to fund a statewide chemical alcohol testing program administered by the Injury Control Section of the Department of Health and Human Services.
(k)	Report to Division. – 		
The clerk shall electronically notify the Division within one working day of any revocation under this section. This report shall identify the person whose license has been revoked, specify the date on which his license was revoked, and provide any other information requested by the Division.
(l)	Restoration Fee for Unlicensed Persons. – If a person whose license is revoked under this section has no valid license, he 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. –The Division may issue a modified order if it determines that an inappropriate order has been issued.
				
(o)	Designation of Proceedings. – Proceedings under this section are civil actions, and shall be identified by the caption "In the Matter of ___" and filed as directed by the Administrative Office of the Courts.
(p)	Limited Driving Privilege. – A person whose drivers license has been revoked under this section may apply for a limited driving privilege  pursuant to G.S. 20‑11.1 if at the time of the alleged offense all of the following apply:
(1)	The person held either a valid drivers license or a license that had been expired for less than one year.
(2)	The person does not have an unresolved pending charge involving impaired driving except the charge for which the license is currently revoked under this section or additional convictions of an offense involving impaired driving since being charged for the violation for which the license is currently revoked under this section.
(3)	The person's license has been revoked for at least 10 days.
(4)	The person has obtained a substance abuse assessment from a mental health facility and registers for and is participating in any recommended training or treatment program.
"
SECTION 5.  Chapter 20 of the General Statues is amended by adding a new section to read: 
"§ 20‑16.6. Seizure, impoundment, and restriction of motor vehicle registration for certain drivers charged with offenses involving impaired driving.
(a)	Motor Vehicles Registration Plate Subject to Seizure. – The registration plate and card of a motor vehicle that is driven by a person who is charged with an implied consent offense is subject to seizure if any of the following apply to the person driving the motor vehicle:
(1)	He or she has an alcohol concentration of 0.16 or more at any relevant time after operating the motor vehicle.
(2)	He or she refuses to submit to a chemical analysis.
(3)	He or she has a prior conviction for an offense involving impaired driving and that all of the following apply:
a.	The conviction date was within 10 years; and
b.	The person submits to a chemical analysis and the results are 0.08 or more, or 0.04 or more if operating a commercial motor vehicle or 0.01 or more if under age 21.
(b)	Duty of Officer. – If the officer has probable cause to believe that the driver of a motor vehicle has committed an implied consent offense, the officer shall seize the registration plate and card of the motor vehicle driven by the defendant. The officer shall replace the seized registration plate with a temporary registration plate provided by the Division and indicate on the temporary registration plate the expiration date of 10 calendar days from the date of the plate seizure. 
(c)	When Registration Plate Shall Not Be Seized. – The officer shall not seize the registration plate and card if the officer determines prior to seizure of the motor vehicle registration plate and card that any of the following apply to the motor vehicle:
(1)	It had been reported stolen.
(2)	It is a rental vehicle registered to a company in the business of renting vehicles.
(3)	It is registered in another state or jurisdiction.
(4)	It was wrecked and appears to be a total loss.
Probable cause may be based on the officer's personal knowledge, reliable information conveyed by another officer, records of the Division, or other reliable source. 
(d)	Return of Registration Plate to Driver By Officer. – If after the driver of the motor vehicle is offered a chemical analysis, the driver does not meet the requirements of subsection (a) of this section, the chemical analysis selected is a blood or urine test and the results are not available, or the magistrate determines there is no probable cause for the charges, the officer shall return the registration plate and card to the driver by returning the registration plate and card to the driver upon release from custody or placing the plate with the personal effects of the driver at the jail or hospital. The officer may request the driver or property custodian at the jail or hospital to sign a receipt acknowledging return of the registration plate and card.
(e)	Notification of Driver and Division. – If the registration plate and card are not returned to the driver as provided in subsection (d) of this section, the officer shall provide the driver with a notification of requirements for obtaining a new registration plate and card. The notification form shall be provided by the Division. The officer shall transmit the registration plate and card along with the revocation report(s) of the law enforcement officer and chemical analyst as provided in G.S. 20‑16.5 to the Division in accordance with procedures established by the Division within 48 hours. The report forms shall be modified to include the necessary registration information.
(f)	Report of Result of Blood or Urine Test. – An officer who receives a chemical analyst's affidavit or report of the blood or urine of a driver indicating that the registration plate and card are subject to seizure under subsection (a) of this section, shall send a copy of the revocation report(s) provided for in G.S. 20‑16.5 to the Division in accordance with the Division's procedures.
(g)	Duty of Division Upon Receipt of Plate and Revocation Reports. – Upon receipt of the registration plate and card and revocation reports, the Division shall determine if the registration plate and card were properly seized under subsection (a) of this section. If not, then the Division shall flag the registration file indicating that the registration plate was improperly seized and mail, within 72 hours, to the registered owner at the most recent address contained in the Division's records, by first-class mail, a copy of the procedure for obtaining new registration at no cost. A copy of this notification shall also be sent to the head of the law enforcement agency of the officer who seized the plate. 
If the Division determines from the report(s) that the registration plate and card were properly seized, but that a registered owner was not driver of the vehicle, the Division shall revoke the registration of the vehicle effective 10 days from the date of the seizure and mail to the registered owner at the most recent address contained in the Division's records, by first-class mail, within 72 hours, a copy of the procedure for obtaining a new registration. 
If the Division determines from the report(s) that the registration plate and card were properly seized and that a registered owner was the driver of the vehicle, the Division shall revoke the registration of the vehicle effective 10 days from the date of the seizure. If the driver is the registered owner of any other vehicle, the Division shall also mail to the registered owner, within 72 hours, by first‑class mail to the most recent address contained in the Division's records a notice that the registration on all vehicles registered in the driver's name will be revoked effective 10 days from the date specified in the letter, which shall be four days after mailing, if the driver does not equip all registered vehicles with an ignition interlock in accordance with this section. The Division shall indicate in the registration file of all vehicles owned by the driver and require any person registering any of the vehicles to sign an acknowledgment that the driver is not allowed to operate the vehicle unless it is equipped with an ignition interlock and the driver has a valid license. The acknowledgment shall also inform the new registered owner that a violation of this provision shall result in revocation of the registration of all vehicles registered in the owner's name.
(h)	Duty of Division Upon Receipt of Blood or Urine Test Results. – Upon receipt of revocation reports of a blood or urine test, the Division shall determine if the motor vehicle registration plate and card are subject to seizure under this section. If so and a registered owner was the driver of the vehicle, the Division shall notify the registered owner that he must surrender his registration plate or show proof of installation of an ignition interlock in accordance with this section within 10 days of the date specified in the letter, which shall be four days after mailing, and pay a fee of fifty dollars ($50.00). The letter shall outline the procedure for obtaining the ignition interlock and surrendering the registration plate. 
If a registered owner was not the driver of the vehicle, then the Division shall notify the registered owner that the owner's vehicle registration is subject to cancellation if the registered owner allows the driver to operate the vehicle without a valid license, or fails to return the signed acknowledgment and pay a fee of fifty dollars ($50.00), and if the driver is impaired when driving the vehicle, the vehicle is subject to seizure and forfeiture. This letter shall require the registered owner(s) to sign and return to the Division an acknowledgment that the registered owner will not allow the driver to operate the vehicle unless properly licensed and the required fee has been paid. The Division shall enter into its records that this acknowledgment was sent. If the signed acknowledgment is not returned, the registration of the vehicle shall be cancelled. If the acknowledgment is signed and returned, the Division shall enter the acknowledgment in its records and make this information available to law enforcement officers. 
(i)	Issuance of New Registration. – A registered owner of a vehicle who was the driver of the vehicle when the vehicle registration plate was seized shall not be allowed to register any vehicle unless all vehicles are equipped with ignition interlock in accordance with the procedures of G.S. 20‑17.8 and he or she pays a fee of fifty dollars ($50.00) and shows a valid license and proof of insurance. If the registered owner who was the driver of the vehicle transfers ownership to another, the person registering the vehicle shall be required to sign an acknowledgment as provided in this section. 
A registered owner of a vehicle who was not the driver of the vehicle when the vehicle registration plate was seized shall not be allowed to register any vehicle unless all registered owners sign the acknowledgment provided for in this section, show a valid license, show proof of insurance, and pay a fee of fifty dollars ($50.00). 
(j)	Length of Time for Ignition Interlock. – When an ignition interlock is required under this section, the Division shall not remove the restriction on registration of the vehicle and drivers license until all of the following have been met:
(1)	The driver has successfully completed the required level of substance abuse treatment required by the substance abuse assessment.
(2)	The driver has not attempted to start the vehicle with any amount of alcohol in his system for at least four months as shown by the records of the ignition interlock. 
(3)	The driver does not have any unresolved pending motor vehicle law charges. 
(4)	The driver is not required to have an ignition interlock by any other provision of law.
(5)	The driver shows proof of insurance. 
The time that the ignition interlock has been installed under this section shall be applied towards the requirements of an ignition interlock required by G.S. 20‑17.8.
(k)	Indigent Offenders. – If the Division determines that the driver is indigent and the sole supporter of his household and that the vehicle is essential to the driver working, the Division may provide the ignition interlock and plate without costs.
SECTION 6.  The catchline of G.S. 20‑28.2 reads as rewritten:
"§ 20‑28.2.  Forfeiture of motor vehicle for impaired driving after impaired driving license revocation or driving without an ignition interlock and revoked registration."
SECTION 7.  G.S. 20‑28.2(b) reads as rewritten:
"(b)	When Motor Vehicle Becomes Property Subject to Order of Forfeiture. – If at a sentencing hearing for the underlying offense involving impaired driving or a violation of G.S. 20‑28.10, at a separate hearing after conviction of the defendant, or at a forfeiture hearing held at least 60 days after the defendant failed to appear at the scheduled trial for the underlying offense and the defendant's order of arrest for failing to appear has not been set aside, the judge determines by the greater weight of the evidence that the defendant is guilty of an offense involving impaired driving and that the defendant's license was revoked pursuant to an impaired driving license revocation as defined in subsection (a) of this section or the defendant violated G.S. 20‑28.10, the motor vehicle that was driven by the defendant at the time the defendant committed the offense becomes property subject to an order of forfeiture."
SECTION 8.  The catchline of G.S. 20‑28.3 reads as rewritten:
"§ 20‑28.3.  Seizure, impoundment, forfeiture of motor vehicles for offenses involving impaired driving while license revoked or driving without an ignition interlock and revoked registration."
SECTION 9.  G.S. 20‑28.3(a) reads as rewritten:
"(a)	Motor Vehicles Subject to Seizure. – A motor vehicle that is driven by a person who is charged with an offense involving impaired driving is subject to seizure if at the time of the violation the drivers license of the person driving the motor vehicle was revoked as a result of a prior impaired driving license revocation as defined in G.S. 20‑28.2(a). A motor vehicle that is driven by a person who is charged with a violation of G.S. 20‑28.10 is subject to seizure under this subsection."
SECTION 10.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑28.10.  Unlawful to drive without ignition interlock.   
Any person who drives a motor vehicle upon the highways of the State without an installed and operable ignition interlock when required by this Chapter and the registration of the motor vehicle is revoked pursuant to G.S. 20‑16.6, is guilty of a Class 1 misdemeanor. Upon conviction, the person's license shall be revoked for a period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense. Upon a conviction of violating this section, the defendant shall at a minimum be sentenced to either 30‑day house arrest or seven days of jail time in the discretion of the court, and this sentence shall not be suspended or deferred."
PART III.  MODIFYING THE STATUTES ON CHECKING STATIONS AND ROADBLOCKS
SECTION 11.  G.S. 20‑16.3A reads as rewritten:
"§ 20‑16.3A.  Checking stations and roadblocks.
(a)	A law‑enforcement agency may  conduct checking stations to determine compliance with the provisions of this Chapter. If the agency is conducting a checking station for the purposes of determining compliance with this Chapter, it shall:
	
(1)	Designate in advance the pattern both for stopping vehicles and for requesting drivers that are stopped to produce a drivers license, a registration card, or insurance information. The pattern need not be in writing and 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 produce a drivers license, a registration card, or insurance information.
(2)	Advise the public that an authorized checking station is being operated by having at a minimum one law enforcement vehicle with its blue lights in operation during the conducting of the checking station.
An officer who determines there is a reasonable suspicion that the driver has violated a provision of this chapter or any other provision of law may detain the driver to further investigate in accordance with law. The operator of any vehicle stopped at a checking station established under this subsection may be requested to submit to an alcohol screening test under G.S. 20‑16.3 if during the course of the stop the officer determines the driver had previously consumed alcohol or has an open container of alcoholic beverage in the vehicle. The officer so requesting shall consider the results of any alcohol screening test or the driver's refusal in determining if there is reasonable suspicion to investigate further. 
(b)	Law enforcement agencies may conduct any other type of checking station or roadblock as long as it is established and operated in accordance with the provision of the United States Constitution and the Constitution of North Carolina.
 No court shall suppress any evidence or dismiss any case unless the court specifies in writing that there was a substantial and willful violation of the provisions of this section and that the violation was not made in good faith and that the violation amounts to a violation of the United States Constitution or the Constitution of North Carolina."
PART IV.  pROVIDING for implied consent pretrial and court proceedings
SECTION 12.  Chapter 20 of the General Statutes is amended by adding a new Article to read:
"Article 2D.
"Implied Consent Offense Procedures.
"§ 20‑38.  Applicability.
The procedures set forth in this Article shall be followed for the investigation and processing of an implied consent offense as defined in G.S. 20‑16.2. The trial procedures shall apply to any implied consent offense litigated in the District Court Division.
"§ 20‑38.1.  Investigation.
A law enforcement officer who is investigating an implied consent offense or a vehicle crash is authorized to seek evidence of the driver's impairment wherever the driver is located, and the provisions of the implied consent law apply even if the driver is located outside of this State or outside of the officer's territorial jurisdiction.
"§ 20‑38.2.  Police processing duties.
Upon the arrest of a person, with or without a warrant, but not necessarily in the order listed, a law enforcement officer:
(1)	Shall inform the person arrested of the charges or a cause for the arrest.
(2)	May take the person arrested to any place inside or outside the officer's territorial jurisdiction for one or more chemical analyses at the request of any law enforcement officer and for any evaluation by a law enforcement officer, medical professional, or other person to determine the extent or cause of the person's impairment.
(3)	May take the person arrested to some other place for the purpose of having the person identified, to complete a crash report, or for any other lawful purpose.
(4)	May take photographs and fingerprints in accordance with G.S. 15A‑502.
(5)	Shall take the person arrested before a judicial official for an initial appearance after completion of all investigatory procedures, crash reports, chemical analyses, and other procedures provided for in this subsection. 
"§ 20‑38.3.  Initial appearance.
(a)	Appearance Before a Magistrate. – Except as modified in this Article, a magistrate shall follow the procedures set forth in Article 24 of Chapter 15A of the General Statutes.
(1)	A magistrate may hold an initial appearance at any place within the county and shall, to the extent practicable, be available at locations other than the courthouse when it will expedite the initial appearance.
(2)	In determining whether is there is probable cause to believe a person is impaired, the magistrate may review all alcohol screening tests, chemical analyses, receive testimony from any law enforcement officer concerning impairment and the circumstances of the arrest, and observe the person arrested, and only if all of the evidence would lead a reasonable person to believe that a crime was not committed or that this person did not commit a crime, the magistrate shall not find probable cause.
(3)	If there is a finding of probable cause, the magistrate shall consider whether the person is impaired to the extent that the provisions of G.S. 15A‑534.2 should be imposed.
(4)	The magistrate shall also:
a.	Inform the person in writing of the established procedure to have others appear at the jail to observe his condition or to administer an additional chemical analysis if the person is unable to make bond; and
b.	Require the person who is unable to make bond to list all persons he wishes to contact and telephone numbers on a form that sets forth the procedure for contacting the persons listed. A copy of this form shall be filed with the case file.
(b)	The Administrative Office of the Courts shall adopt forms to implement this Article.
"§ 20‑38.4.  Facilities.
(a)	The Chief District Court Judge, the Department of Health and Human Services, the District Attorney, and the Sheriff shall:
(1)	Establish a written procedure for attorneys and witnesses to have access to the chemical analysis room.
(2)	Approve the location of written notice of implied consent rights in the chemical analysis room in accordance with G.S. 20‑16.2.
(3)	Approve a procedure for access to a person arrested for an implied consent offense by family and friends or a qualified person contracted with by the arrested person to obtain blood or urine when the arrested person is held in custody and unable to obtain pretrial release from jail.
(b)	Signs shall be posted explaining to the public the procedure for obtaining access to the room where the chemical analysis of the breath is administered and to any person arrested for an implied consent offense. The initial signs shall be provided by the Department of Transportation, without costs. The signs shall thereafter be maintained by the county for all county buildings and the county courthouse.
(c)	If the instrument for performing a chemical analysis of the breath is located in a State or municipal building, then the head of the Highway Patrol for the county or the chief of police for the city or their designee shall be substituted for the sheriff when determining signs and access to the chemical analysis room. The signs shall be maintained by the owner of the building. When a breath testing instrument is in a motor vehicle or at a temporary location, the Department of Health and Human Services shall alone perform the above functions listed in subsection (a)(1) and (a)(2).
"§ 20‑38.5. Motions and district court procedure.
(a)	The defendant may move to suppress evidence or dismiss the charges only prior to trial, except the defendant may move to dismiss the charges for insufficient evidence at the close of the State's evidence and at the close of all of the evidence.
(b)	A motion to suppress evidence or dismiss the charges made before trial shall be in writing, and a copy of the motion shall be served upon the State at least seven days prior to any hearing. The motion shall state the grounds upon which it is made. The motion shall be accompanied by an affidavit containing facts supporting the motion. The affidavit may be based upon personal knowledge, or upon information and belief, if the source of the information and the basis for the belief are stated. The State may file an answer denying or admitting any of the allegations. A copy of the answer shall be served on the defendant's attorney, or on the defendant if he has no counsel.
(c)	The judge shall summarily grant the motion to suppress evidence if either of the following conditions is met:
(1)	The motion complies with the requirements of subsection (b) of this section, it states grounds which require exclusion of the evidence, and the State concedes the truth of allegations of fact which support the motion.
(2)	The State stipulates that the evidence sought to be suppressed will not be offered in evidence in any criminal action or proceeding against the defendant.
(d)	The judge may summarily deny the motion to suppress evidence if either of the following conditions is met:
(1)	The motion is not in writing or does not allege a legal basis for the motion.
(2)	The affidavit does not as a matter of law support the ground alleged.
(e)	If the motion is not determined summarily, the judge shall make the determination after a hearing and finding of facts. Testimony at the hearing shall be under oath.
(f)	The judge shall set forth in writing his findings of facts and conclusions of law.
"§ 20‑38.6.  Appeal to superior court.
(a)	The State may appeal to superior court any district court pretrial order suppressing evidence or dismissing any charges. If there is a dispute about the findings of fact, the superior court shall not be bound by the findings of the district court but shall determine the matter de novo. Any further appeal shall be governed by Article 90 of Chapter 15A of the General Statutes.
(b)	The defendant may not appeal a denial of a pretrial motion to suppress or to dismiss, but may appeal upon conviction as provided by law. 
(c)	For any implied consent offense that is first tried in district court and that is appealed to superior court, the case shall only be remanded back to district court with the consent of the prosecutor and the superior court. When a case is remanded back to district court, the district court shall hold a new sentencing hearing and shall consider any new convictions, and if the defendant has any pending charges of offenses involving impaired driving, shall delay sentencing in the remanded case until all cases are resolved.
"§ 20‑38.7.  Remedy.
The failure to follow the procedures set forth in this Chapter or Articles 24, 25, or 26 of Chapter 15A of the General Statutes shall not be grounds to dismiss a criminal charge or any theory of a criminal charge or suppression of evidence unless a court finds that the violation was intentional and not in good faith, and as a result the defendant's rights under the United States Constitution or the Constitution of North Carolina were violated."
PART V. ALLOWING THE ADMISSIBILITY OF DRUG RECOGNITION EXPERTS, HGN TESTIMONY, AND OPINION AS TO SPEED BY AN ACCIDENT RECONSTRUCTION EXPERT
SECTION 13.  Article 7 of Chapter 8C of the General Statutes is amended by adding a new rule of evidence to read:
Rule 707. Drug recognition expert and HGN testimony and opinion as to speed of an accident reconstruction expert.
(a)	Results of Horizontal Gaze Nystagmus (HGN) Test. – Notwithstanding any provision of law, the results of a horizontal gaze nystagmus (HGN) test are admissible into evidence, and the opinion of the analyst is admissible as to whether the results are consistent with a chemical analysis or consistent with a person who is under the influence of a particular type or class of impairing substances, when the HGN test is administered by a person who has successfully completed training in HGN and administers the test in accordance with the training.
(b)	Opinion of Drug Recognition Expert (DRE). – Notwithstanding any provision of law, the opinion of a DRE that a person is under the influence of one or more impairing substances, and the opinion as to the category of such impairing substance or substances is admissible in any court or administrative hearing when the DRE holds a current certification as a DRE issued by the Department of Health and Human Services and the DRE has examined the person in accordance with his training.
(c)	Opinion As To Speed of a Vehicle. – Notwithstanding any other provision of law, any person who is found by a court to be an expert in accident reconstruction who has performed a reconstruction of a crash or has reviewed the report of investigation may give an opinion as to the speed of a vehicle even if the expert did not actually observe the vehicle moving.
Nothing contained in this section shall be construed to prohibit cross‑examination of any person as to their opinions and the basis for the opinions and shall not limit other opinion testimony otherwise admissible under the rules of evidence or court decision."
PART VI. ALCOHOL SCREENING DEVICES
SECTION 14.  G.S. 20‑16.3 reads as rewritten:
"§ 20‑16.3.  Alcohol screening tests required of certain drivers; approval of test devices and manner of use by Department of Health and Human Services; use of test results or refusal.
(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 implied‑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 Department of Health and Human 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 Department shall adopt regulations governing the manner of use of the device. For any alcohol screening device that tests the breath of a driver, the Department 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 Shall 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 Department of Health and Human Services and the screening test is conducted in accordance with the applicable regulations of the Department 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, and are admissible in a court, or an administrative agency in determining if there are reasonable grounds for believing:
(1)	That the driver has committed an implied‑consent offense under G.S. 20‑16.2; and
(2)	That the driver had consumed alcohol and that the driver had in his or her blood previously consumed alcohol, but not to prove a particular alcohol concentration. 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. "
PART VII. CLARIFYING PER SE OFFENSES
SECTION 15.  G.S. 20‑138.1 reads as rewritten:
"§ 20‑138.1.  Impaired driving.
(a)	Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1)	While under the influence of an impairing substance; or
(2)	After having consumed sufficient alcohol that he submits to a chemical analysis and the result is 0.08 or more at any relevant time after the driving; or
(3)	With any amount of a Schedule I or II controlled substance, as listed in G.S. 90‑89 or G.S. 90‑90, or its metabolites in his blood or urine.
(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 shall hold a sentencing hearing and impose punishment in accordance with G.S. 20‑179.
	"
SECTION 16.  G.S. 20‑138.2 reads as rewritten:
"§ 20‑138.2.  Impaired driving in commercial vehicle.
(a)	Offense. – A person commits the offense of impaired driving in a commercial motor vehicle if he drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the State:
(1)	While under the influence of an impairing substance; or
(2)	After having consumed sufficient alcohol that he submits to a chemical analysis and the result is 0.04 or more; or 
(3)	With any amount of a Schedule I or II controlled substance, as listed in G.S. 90‑89 or G.S. 90‑90, or its metabolites in his blood or urine.
(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. – To charge a violation of this section, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges the defendant drove a commercial motor vehicle on a highway, street, or public vehicular area while subject to an impairing substance.
(d)	Implied Consent Offense. – An offense under this section is an implied consent offense subject to the provisions of G.S. 20‑16.2. The provisions of G.S. 20‑139.1 shall apply to an offense committed under this section.
(e)	Punishment. – The offense in this section is a misdemeanor and any defendant convicted under this section shall be sentenced under G.S. 20‑179. This offense is not a lesser included offense of impaired driving under G.S. 20‑138.1, and if a person is convicted under this section and of an offense involving impaired driving under G.S. 20‑138.1 arising out of the same transaction, the aggregate punishment imposed by the Court may not exceed the maximum punishment applicable to the offense involving impaired driving under G.S. 20‑138.1.
(f)	Repealed by Session Laws 1991, c. 726, s. 19.
(g)	"
PART VIII. felony death by vehicle and injury by vehicle
SECTION 17.  G.S. 20‑141.4 reads as rewritten:
"§ 20‑141.4.  Felony and misdemeanor death by vehicle.
(a)	Repealed by Session Laws 1983, c. 435, s. 27.
(a1)	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 or G.S. 20‑138.2 and commission of that offense is the proximate cause of the death.
(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.
(a3)	Felony Serious Injury by Vehicle. – A person commits the offense of serious injury by vehicle if he unintentionally causes serious injury to another person while engaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2, and the commission of the offense is the proximate cause of the serious injury.
(b)	Punishments. – Felony death by vehicle is a Class D felony. Felony serious injury by vehicle is a Class E felony. Misdemeanor death by vehicle is a Class 1 misdemeanor.
(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."
PART IX. clarification of impaired driving offenses
SECTION 18.  G.S. 20‑4.01 reads as rewritten:
"§ 20‑4.01.  Definitions.
Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:
…
(32)	Public Vehicular Area. – Any area within the State of North Carolina that meets one or more of the following requirements:
a.	The area is used for vehicular traffic at any time, 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 of the following:
1.	Any public or private hospital, college, university, school, orphanage, church, or any of the institutions, parks or other facilities maintained and supported by the State of North Carolina or any of its subdivisions.
2.	Any service station, drive‑in theater, supermarket, store, restaurant, or office building, or any other business, residential, or municipal establishment providing parking spacewhether the business or establishment is open or closed.
3.	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).
b.	The area is a beach area used for vehicular traffic.
c.	The area is a road used by vehicular traffic within or leading to a subdivision, whether or not the subdivision roads have been offered for dedication to the public.
d.	The area is a portion of private property used by vehicular traffic and designated by the private property owner as a public vehicular area in accordance with G.S. 20‑219.4."
SECTION 19.  G.S. 20‑138.1 reads as rewritten:
"§ 20‑138.1.  Impaired driving.
(a)	Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1)	While under the influence of an impairing substance; or
(2)	After having consumed sufficient alcohol that he submits to a chemical analysis and the result is 0.08 or more at any relevant time after the driving.
(3)	With any amount of a Schedule I or II controlled substance, as listed in G.S. 90‑89 or G.S. 90‑90, or its metabolites in his blood or urine.
(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 shall hold a sentencing hearing and impose punishment in accordance with G.S. 20‑179.
	"
SECTION 20.  G.S. 20‑138.2 reads as rewritten:
"§ 20‑138.2.  Impaired driving in commercial vehicle.
(a)	Offense. – A person commits the offense of impaired driving in a commercial motor vehicle if he drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the State:
(1)	While under the influence of an impairing substance; or
(2)	After having consumed sufficient alcohol that he submits to a chemical analysis and the result is 0.04, at any relevant time after the driving.
(3)	With any amount of a Schedule I or II controlled substance, as listed in G.S. 90‑89 or G.S. 90‑90, or its metabolites in his blood or urine.
(a1)	In order to prove the gross vehicle weight rating of a vehicle as defined in G.S. 20‑4.01(12b), the opinion of a person who observed the vehicle as to the weight, testimony of the gross vehicle weight rating affixed to the vehicle, the registered or declared weight shown on the Division's records pursuant to G.S. 20‑26(b1), the gross vehicle weight rating as determined from the vehicle identification number, the listed gross weight publications from the manufacturer of the vehicle, or any other description or evidence shall be admissible.
(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. – To charge a violation of this section, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges the defendant drove a commercial motor vehicle on a highway, street, or public vehicular area while subject to an impairing substance.
(d)	Implied Consent Offense. – An offense under this section is an implied consent offense subject to the provisions of G.S. 20‑16.2. The provisions of G.S. 20‑139.1 shall apply to an offense committed under this section.
(e)	Punishment. – The offense in this section is a misdemeanor and any defendant convicted under this section shall be sentenced under G.S. 20‑179. This offense is not a lesser included offense of impaired driving under G.S. 20‑138.1, and if a person is convicted under this section and of an offense involving impaired driving under G.S. 20‑138.1 arising out of the same transaction, the aggregate punishment imposed by the Court may not exceed the maximum punishment applicable to the offense involving impaired driving under G.S. 20‑138.1.
(f)	Repealed by Session Laws 1991, c. 726, s. 19.
	"
SECTION 21.  G.S. 20‑138.2A reads as rewritten:
"§ 20‑138.2A.  Operating a commercial vehicle after consuming alcohol.
(a)	Offense. – A person commits the offense of operating a commercial motor vehicle after consuming alcohol if the person drives a commercial motor vehicle, as defined in G.S. 20‑4.01(3d)a. and b., upon any highway, any street, or any public vehicular area within the State while consuming alcohol or while alcohol remains in the person's body.
(a1)	In order to prove the gross vehicle weight rating of a vehicle as defined in G.S. 20‑4.01(12b), the opinion of a person who observed the vehicle as to the weight, testimony of the gross vehicle weight rating affixed to the vehicle, the registered or declared weight shown on the Division's records pursuant to G.S. 20‑26(b1), the gross vehicle weight rating as determined from the vehicle identification number, the gross weight listed in publications from the manufacturer of the vehicle, or any other description or evidence shall be admissible.
(b)	Implied‑Consent Offense. – An offense under this section is an implied‑consent offense subject to the provisions of G.S. 20‑16.2. The provisions of G.S. 20‑139.1 shall apply to an offense committed under this section.
(b1)	Odor Insufficient. – The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver's body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.
(b2)	Alcohol Screening Test. – Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Commission as to its manner and use.
(c)	Punishment. – Except as otherwise provided in this subsection, a violation of the offense described in subsection (a) of this section is a Class 3 misdemeanor and, notwithstanding G.S. 15A‑1340.23, is punishable by a penalty of one hundred dollars ($100.00). A second or subsequent violation of this section is a misdemeanor punishable under G.S. 20‑179. This offense is a lesser included offense of impaired driving of a commercial vehicle under G.S. 20‑138.2.
(d)	Second or Subsequent Conviction Defined. – A conviction for violating this offense is a second or subsequent conviction if at the time of the current offense the person has a previous conviction under this section, and the previous conviction occurred in the seven years immediately preceding the date of the current offense. This definition of second or subsequent conviction also applies to G.S. 20‑17(a)(13) and G.S. 20‑17.4(a)(6)."
SECTION 22.  G.S. 20‑138.2B(b2) reads as rewritten:
"(b2)	Alcohol Screening Test. – Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use."
SECTION 23.  G.S. 20‑138.3 reads as rewritten:
"§ 20‑138.3.  Driving by person less than 21 years old after consuming alcohol or drugs.
(a)	Offense. – It is unlawful for a person less than 21 years old 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 controlled substance previously consumed, but a person less than 21 years old does not violate this section if he drives with a controlled substance in his body 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. The provisions of G.S. 20‑139.1 shall apply to an offense committed under this section.
(b1)	Odor Insufficient. – The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver's body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.
(b2)	Alcohol Screening Test. – Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use.
(c)	Punishment; Effect When Impaired Driving Offense Also Charged. – The offense in this section shall be punished pursuant to G.S. 20‑179. 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 shall be imposed.
Notwithstanding any other provision of law, whenever any person who does not have any pending charges for violating Chapters 18B, 20, or 90 of the General Statutes and has not previously been convicted of violating this section, an offense involving impaired driving under any statute of the United States or any state relating to those substances included in Article 5 or 5A of Chapter 90 or to that paraphernalia included in Article 5B of Chapter 90 or a violation of Chapter 18B, pleads guilty to or is found guilty of a violation of this section, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation for a minimum of one year upon such reasonable terms and conditions as it may require. Notwithstanding the provisions of G.S. 15A‑1342(c) or any other statute or law, to fulfill the terms and conditions of probation the court shall impose, at a minimum, all of the following conditions. The person shall:
(1)	Obtain a substance abuse assessment within 30 days, and comply with education or treatment requirements recommended by the assessment.
(2)	Not operate a motor vehicle for at least 90 days.
(3)	Perform 50 hours of community service and pay the community service fee.
(4)	Submit at reasonable times to warrantless searches by a probation officer of his or her person, vehicle, and premises including drug and alcohol screening and testing and pay the costs of such screening and tests.
(5)	Not possess or consume any alcoholic beverage or controlled substance unless the controlled substance is lawfully prescribed to the person.
(6)	Pay court costs and all fees.
(7)	Not violate any law of this or any other state or the federal government.
(8)	Remain gainfully employed or in school as a full-time student as determined by the probation officer.
(9)	Not violate any other reasonable condition of probation.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime including the additional penalties imposed for second or subsequent convictions. Prior to entering a discharge and dismissal, the court shall determine if the person has been charged with or convicted of any other offense, including infractions. The discharge and dismissal shall not be entered unless the court finds that the person does not have any pending charges for violating any law of this State and has not during the period of probation violated a law of this State or been convicted of violating a provision of Chapter 18B, 20, 14, or 90 of the General Statutes of this State or a substantially similar provision of any other state or the federal government. 
(d)	Limited Driving Privilege. – A person who is convicted of violating subsection (a) of this section and whose drivers license is revoked solely based on that conviction may apply for a limited driving privilege as provided in 		G.S. 20‑11.1."
SECTION 24.  G.S. 20‑138.5(a) reads as rewritten:
"(a)	A person commits the offense of habitual impaired driving if he drives while impaired as defined in G.S. 20‑138.1 and has been convicted of three or more offenses involving impaired driving as defined in G.S. 20‑4.01(24a) within 10 years of the date of this offense."
SECTION 25.  G.S. 20‑138.5(c) reads as rewritten:
"(c)	An offense under this section is an implied consent offense subject to the provisions of G.S. 20‑16.2. The provisions of G.S. 20‑139.1 shall apply to an offense committed under this section."
PART X. clarifying and simplifying the implied consent law
SECTION 26.  G.S. 20‑16.2 reads as rewritten:
"§ 20‑16.2.  Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis.
(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 charged with an implied‑consent offense. Any law enforcement officer who has reasonable grounds to believe that the person charged has committed the implied‑consent offense may obtain a chemical analysis of the person.
Before any type of chemical analysis is administered the person charged shall be taken before a chemical analyst authorized to administer a test of a person's breath or a law enforcement officer who is authorized to administer chemical analysis of the breath, who shall inform the person orally and also give the person a notice in writing that:
(1)	You have been charged with an implied consent offense. Under the implied consent law you can refuse any test but your drivers license will be revoked for at least one year and you will be required to install an ignition interlock on your vehicle, plus an officer can compel you to be tested under other laws.
	
(2)	The test results, or the fact of your refusal, will be admissible in evidence at trial.
(3)	Your driving privilege will be revoked immediately and until your trial and any appeals if you refuse any test or the test result is a 0.08 or more, 0.04 if you were driving a commercial vehicle, or 0.01 if you are under the age of 21.
			
(4)	After you are released, you may seek your own test in addition to this test.
(5)	You may call an attorney for advice and select a witness to view the testing procedures remaining after the witness arrives, but the testing may not be delayed for these purposes longer than 30 minutes from the time of these rights. You must take the test at the end of 30 minutes even if you have not contacted an attorney or your witness has not arrived.
(a1)	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 the person is arrested for it or if criminal process for the offense has been issued. (b)	Unconscious Person May Be Tested. – If a law enforcement 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 the person incapable of refusal, the law enforcement officer may direct the taking of a blood sample or may direct the 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. –A law enforcement officer or chemical analyst, shall designate the type of test or tests to be given and either may 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.
(c1)	Procedure for Reporting Results and Refusal to Division. – Whenever a person refuses to submit to a chemical analysis or a person's drivers license has an alcohol concentration restriction and the results of the chemical analysis establish a violation of the restriction, the charging officer and the chemical analyst shall without unnecessary delay go before an official authorized to administer oaths and execute an affidavit(s) stating that:
(1)	The person was charged with an implied‑consent offense or had an alcohol concentration restriction on the drivers license;
(2)	A law enforcement officer had reasonable grounds to believe that the person had committed an implied‑consent offense or violated the alcohol concentration restriction on the drivers license;
(3)	Whether the implied‑consent offense charged involved death or critical injury to another person, if the person willfully refused to submit to chemical analysis;
(4)	The person was notified of the rights in subsection (a); and
(5)	The results of any tests given or that the person willfully refused to submit to a chemical analysis.
If the person's drivers license has an alcohol concentration restriction, pursuant to G.S. 20‑19(c3), and an officer has reasonable grounds to believe the person has violated a provision of that restriction other than violation of the alcohol concentration level, the officer and chemical analyst shall complete the applicable sections of the affidavit and indicate the restriction which was violated. The officer shall immediately mail the affidavit(s) to the Division. If the officer is also the chemical analyst who has notified the person of the rights under subsection (a), the officer may perform alone the duties of this subsection.
(d)	Consequences of Refusal; Right to Hearing before Division; Issues. – Upon receipt of a properly executed affidavit required by subsection (c1), the Division shall expeditiously notify the person charged that the person's 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. Except for the time referred to in G.S. 20‑16.5, if the person shows to the satisfaction of the Division that his or her license was surrendered to the court, and remained in the court's possession, then the Division shall credit the amount of time for which the license was in the possession of the court against the 12‑month revocation period required by this subsection. If the person properly requests a hearing, the person retains his or her license, unless it is revoked under some other provision of law, until the hearing is held, the person withdraws the request, or the person fails to appear at a scheduled hearing. The hearing officer may subpoena any witnesses or documents that the hearing officer deems necessary. The person may request the hearing officer to subpoena the charging officer, the chemical analyst, or both to appear at the hearing if the person makes the request in writing at least three days before the hearing. The person may subpoena any other witness whom the person 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 officer is authorized to administer oaths to witnesses appearing at the hearing. The hearing shall be conducted in the county where the charge was brought, and shall be limited to consideration of whether:
(1)	The person was charged with an implied‑consent offense or the driver had an alcohol concentration restriction on the drivers license pursuant to G.S. 20‑19;
(2)	A law enforcement officer had reasonable grounds to believe that the person had committed an implied‑consent offense or violated the alcohol concentration restriction on the drivers license;
(3)	The implied‑consent offense charged involved death or critical injury to another person, if this allegation is in the affidavit;
(4)	The person was notified of the person's rights as required by subsection (a); and
(5)	The person willfully refused to submit to a chemical analysis.
If the Division finds that the conditions specified in this subsection are met, it shall order the revocation sustained. If the Division finds that any of the conditions (1), (2), (4), or (5) is not met, it shall rescind the revocation. If it finds that condition (3) is alleged in the affidavit but is not met, it shall order the revocation sustained if that is the only condition that is not met; in this instance subsection (d1) does not apply to that revocation. If the revocation is sustained, the person shall surrender his or her license immediately upon notification by the Division.
(d1)	Consequences of Refusal in Case Involving Death or Critical Injury. – If the refusal occurred in a case involving death or critical injury to another person, no limited driving privilege may be issued. The 12‑month revocation begins only after all other periods of revocation have terminated unless the person's license is revoked under 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 on which the person would otherwise have been eligible for the 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 for a willful refusal 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 on the record. The superior court review shall be limited to whether there is sufficient evidence in the record to support the Commissioner's findings of fact and whether the conclusions of law are supported by the findings of fact and whether the Commissioner committed an error of law in revoking the license.
(e1)	Limited Driving Privilege after Six Months in Certain Instances. – A person whose  license has been revoked under this section may apply for and the Division may issue a limited driving privilege 										pursuant to G.S. 20‑11.1.
(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 shall 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 the person has a license.
(g)	Repealed by Session Laws 1973, c. 914.
(h)	Repealed by Session Laws 1979, c. 423, s. 2.
							"
PART XI. admissibility of chemical analyses
SECTION 27.  G.S. 20‑139.1 reads as rewritten:
"§ 20‑139.1.  Procedures governing chemical analyses; admissibility; evidentiary provisions; controlled‑drinking programs.
(a)	Chemical Analysis Admissible. – In any implied‑consent offense under G.S. 20‑16.2, a person's alcohol concentration or the presence of any other impairing substance in the person's body as shown by a chemical analysis is admissible in evidence. This section does not limit the introduction of other competent evidence as to a person's alcohol concentration or results of other tests showing the presence of an impairing substance, including other chemical tests.
(b)	Approval of Valid Test Methods; Licensing Chemical Analysts. –The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration. A chemical analysis of the breath administered pursuant to the implied consent law is admissible in any court or administration if it meets both of the following requirements:
(1)	It is performed in accordance with the rules of the Department of Health and Human Services.
(2)	The person performing the analysis had, at the time of the analysis, a current permit issued by the Department of Health and Human Services authorizing the person to perform a test of the breath using the type of instrument employed. 
For purposes of establishing compliance with subdivision (b)(1) of this section, the court or administrative agency shall take notice of the rules of the Department of Health and Human Services. For purposes of establishing compliance with subdivision (b)(2) of this section, the court or administrative agency shall take judicial notice of the list of permits issued to the person performing the analysis, the type of instrument on which the person is authorized to perform tests of the breath, and the date the permit was issued. The Department of Health and Human Services may ascertain the qualifications and competence of individuals to conduct particular chemical analyses and the methods for conducting 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.
(b1)	When Officer May Perform Chemical Analysis. – 		
Any person possessing a current permit authorizing the person to perform chemical analysis may perform a chemical analysis.
(b2)	Breath Analysis Results Preventive Maintenance. – The Department of Health and Human Services shall perform preventive maintenance on breath testing instruments used for chemical analysis. A court or administrative agency shall take judicial notice of the preventive maintenance records of the Department. 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 the defendant's breath; and
(2)	The defendant demonstrates that, with respect to the instrument used to analyze the defendant's breath, preventive maintenance procedures required by the regulations of the Department of Health and Human Services had not been performed within the time limits prescribed by those regulations.
(b3)	Sequential Breath Tests Required. –The methods governing the administration of chemical analyses of the breath shall require the testing of at least duplicate sequential breath samples. The results of the chemical analysis of all breath samples are admissible if the test results from any two consecutively collected breath samples do not differ from each other by an alcohol concentration greater than 0.01. Only the lower of the two test results of the consecutively administered tests can be used to prove a particular alcohol concentration. 					
A person's refusal to give the sequential breath samples necessary to constitute a valid chemical analysis is a refusal under G.S. 20‑16.2(c).
A person's refusal to give the second or subsequent breath sample shall make the result of the first breath sample, or the result of the sample providing the lowest alcohol concentration if more than one breath sample is provided, admissible in any judicial or administrative hearing for any relevant purpose, including the establishment that a person had a particular alcohol concentration for conviction of an offense involving impaired driving.
	(b5)	Subsequent Tests Allowed. – A person may be requested, pursuant to G.S. 20‑16.2, to submit to a chemical analysis of the person's blood or other bodily fluid or substance in addition to or in lieu of a chemical analysis of the breath, in the discretion of a law enforcement officer. If a subsequent chemical analysis is requested pursuant to this subsection, the person shall again be advised of the implied consent rights in accordance with G.S. 20‑16.2(a). A person's willful refusal to submit to a chemical analysis of the blood or other bodily fluid or substance is a willful refusal under G.S. 20‑16.2.
(b6)	The Department of Health and Human Services shall post on a webpage and file in each county a list of all persons who have a permit authorizing them to perform chemical analyses, the type of analyses that they can perform, the instruments that each person is authorized to operate and the effective dates of the permits, and records of preventive maintenance. A court shall take judicial notice of whether at the time of the chemical analysis, the chemical analyst possessed a permit authorizing the chemical analyst to perform a chemical analysis administered and whether preventive maintenance had been performed on the breath-testing instrument in accordance with Department rule.
(c)	Blood and Urine for Chemical Analysis. – Notwithstanding any other provision of law, when a blood or urine test is specified as the type of chemical analysis by a law enforcement officer, a physician, registered nurse, emergency medical technician, or other qualified person shall withdraw the blood sample and obtain the urine sample and no further authorization or approval is required. If the person withdrawing the blood or collecting the urine requests written confirmation of the charging officer's request for the withdrawal of blood or collecting the urine, the officer shall furnish it before blood is withdrawn or urine collected. When blood is withdrawn or urine collected pursuant to a law enforcement officer's request, neither the person withdrawing the blood nor any hospital, laboratory, or other institution, person, firm, or corporation employing that person, 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.
(c1)	Whenever blood or urine is submitted to the North Carolina State Bureau of Investigation Laboratory, the Charlotte, North Carolina, Police Department Laboratory, or any other laboratory approved for chemical analysis by the Department of Health and Human Services to determine if the blood or urine contains alcohol or a controlled substance or its metabolites or any other impairing substance, the report of that analysis certified to upon a form approved by the Attorney General by the person performing the analysis shall be admissible without further authentication in all administrative hearings and proceedings in the district court and superior court divisions of the General Court of Justice as evidence that the blood or urine contained alcohol, a controlled substance or its metabolites or any other impairing substance as well as the quantity of the alcohol, controlled substance, metabolite of a controlled substance, or other impairing substance. Provided, however, that a report is admissible in a criminal proceeding in the superior court division or in an adjudicatory hearing in juvenile court in the district court division only if the defendant fails to notify the State at least five days before trial that the defendant objects to the introduction of the report into evidence.
The report containing the results of any blood or urine test may be transmitted electronically or via facsimile. A copy of the affidavit sent electronically or via facsimile shall be admissible in any court or administrative hearing without further authentication. A copy of the report shall be sent to the charging officer, the clerk of superior court in the county in which the criminal charges are pending, the Division of Motor Vehicles, and the Department of Health and Human Services. 
Nothing in this subsection precludes the right of any party to call any witness or to introduce any evidence supporting or contradicting the evidence contained in the report.
(c2)	Procedure for establishing chain of custody without calling unnecessary witnesses. – 
(1)	For the purpose of establishing the chain of physical custody or control of blood or urine tested or analyzed to determine whether it contains alcohol, a controlled substance or its metabolite, or any impairing substance, a statement signed by each successive person in the chain of custody that the person delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody and made the delivery as stated, without the necessity of a personal appearance in court by the person signing the statement.
(2)	The statement shall contain a sufficient description of the material or its container so as to distinguish it as the particular item in question and shall state that the material was delivered in essentially the same condition as received. The statement may be placed on the same document as the report provided for in subsection (c1) of this section.
(3)	The provisions of this subsection may be utilized in any administrative hearing and by the State in district court but can only be utilized in a case originally tried in superior court or an adjudicatory hearing in juvenile court, if the defendant fails to notify the State at least five days before trial that the defendant objects to the introduction of the statement into evidence.
(4)	Nothing in this subsection precludes the right of any party to call any witness or to introduce any evidence supporting or contradicting the evidence contained in the statement.
(c3)	The results of a blood or urine test are admissible to prove a person's alcohol concentration or the presence of controlled substances or metabolites or any other impairing substance if:
(1)	A law enforcement officer or chemical analyst requested a blood and/or urine sample from the person charged; and
(2)	A chemical analysis of the person's blood was performed by a chemical analyst possessing a permit issued by the Department of Health and Human Services authorizing the chemical analyst to analyze blood or urine for alcohol or controlled substances, metabolites of a controlled substance, or any other impairing substance. 
For purposes of establishing compliance with subdivision (2) of this subsection, the court or administrative agency shall take judicial notice of the list of persons possessing permits, the type of instrument on which each person is authorized to perform tests of the blood and/or urine, and the date the permit was issued and the date it expires.
(d)	Right to Additional Test. –Nothing in this section shall be construed to prohibit a person from obtaining or attempting to obtain an additional chemical analysis. If the person is not released from custody after the initial appearance, the agency having custody of the person shall allow the person access to a telephone to attempt to arrange for any additional test and allow access to the person in accordance with the agreed procedure in G.S. 20‑38.4. 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.
(d1)	Right to Require Additional Tests. – If a person refuses to submit to any test or tests pursuant to this section, any law enforcement officer with probable cause may, with or without a court order, compel the person to provide blood and/or urine samples for analysis. Notwithstanding any other provision of law, when a blood or urine sample is requested under this subsection by a law enforcement officer, a physician, registered nurse, emergency medical technician, or other qualified person shall withdraw the blood and obtain the urine sample and no further authorization or approval is required. If the person withdrawing the blood or collecting the urine requests written confirmation of the charging officer's request for the withdrawal of blood or obtaining urine, the officer shall furnish it before blood is withdrawn or urine obtained. When blood is withdrawn or urine collected pursuant to a law enforcement officer's request, neither the person withdrawing the blood nor any hospital, laboratory, or other institution, person, firm, or corporation employing that person, 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. The results of the analysis of blood or urine under this subsection shall be admissible if performed by the State Bureau of Investigation Laboratory or any other hospital or qualified laboratory.
(e)	Recording Results of Chemical Analysis of Breath. – 		 A person charged with an implied consent offense who has not received prior to a trial a copy of the chemical analysis results the State intends to offer into evidence prior to trial may request in writing a copy of the results. The failure to provide a copy prior to any trial  shall be grounds for a continuance of the case but shall not be grounds to suppress the results of the chemical analysis or to dismiss the criminal charges. (e1)	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 or the presence or absence of an impairing substance 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, breath, or other bodily fluid or substance 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 Health and Human Services that the analyst held on the date the analyst performed the chemical analysis in question.
(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 Health and Human Services shall 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, the person may subpoena the chemical analyst and examine him as if he were an adverse witness. A subpoena for a chemical analyst shall not be issued unless the person files in writing with the court and serves a copy on the district attorney at least five days prior to trial an affidavit specifying the specific factual grounds that the person believes the chemical analysis was not properly administered and the facts that the chemical analyst will testify about and stating that the presence of the analyst is necessary for the proper defense of the case. The district court shall determine if there are grounds to believe that the presence of the analyst requested is necessary for the proper defense. If so, the case shall be continued until the analyst can be present. The criminal case shall not be dismissed due to the failure of the analyst to appear, unless the analyst willfully fails to appear after being ordered to appear by the court.
(f)	Evidence of Refusal Admissible. – If any person charged with an implied‑consent offense refuses to submit to a chemical analysis or to perform field sobriety tests at the request of an officer, evidence of that refusal is admissible in any criminal, civil, or administrative action against the person. The fact finder shall consider either type of refusal to be evidence that the person had consumed sufficient impairing substance to be impaired.
(g)	Controlled‑Drinking Programs. – The Department of Health and Human Services may adopt rules 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 shall 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 controlled‑drinking 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.
(h)	The results of a chemical analysis shall not be suppressed for a violation of this section or G.S. 20‑16.2. Any violation shall go to the weight to be given to the results and not the admissibility as provided in G.S. 20‑38.7."
PART XII. improved access to medical records in impaired driving cases
SECTION 28.  Chapter 90 is amended by adding a new section to read:
"§ 90‑21.20B. Access to medical information for law enforcement purposes.
(a)	Notwithstanding any other provision of law, if a person is involved in a vehicle crash: 
(1)	Any health care provider who is providing medical treatment to the person shall, upon request, disclose to any law enforcement officer investigating the crash the following information about the person:  name, current location, and whether the person appears to be impaired by alcohol, drugs, or another substance.  
(2)	Law enforcement officers shall be provided access to visit and interview the person upon request, except when the health care provider requests temporary privacy for medical reasons. 
(3)	A health care provider shall disclose a certified copy of all identifiable health information related to that person as specified in a search warrant or an order issued by a judicial official. 
(b)	A prosecutor or law enforcement officer receiving identifiable health information under this section shall not disclose this information to others prior to trial except as necessary to the investigation or otherwise allowed by law.
(c)	A certified copy of identifiable health information, if relevant, shall be admissible in any hearing or trial without further authentication.
(d)	As used in this section, "health care provider" has the same meaning as in G.S. 90‑21.11."
PART XIII. PROSECUTOR REPORTING WHEN IMPLIED CONSENT CASE IS DISMISSED
SECTION 29.  G.S. 20‑138.4 reads as rewritten:
"§ 20‑138.4.  Requirement that prosecutor explain reduction or dismissal of charge involving impaired driving.
(a)	Any prosecutor shall enter detailed facts in the record of any case subject to the implied consent law or involving driving while license revoked for impaired driving as defined in G.S. 20‑28.2 explaining orally in open court and in writing 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.
(b)	The written explanation shall be signed by the prosecutor taking the action on a form approved by the Administrative Office of the Courts and shall contain, at a minimum, the alcohol concentration or the fact that the driver refused, a list of all prior convictions of implied consent offenses or driving while license revoked, whether the driver had a valid drivers license or privilege to drive in this State as indicated by the Division's records, a statement that a check of the database of the Administrative Office of the Courts revealed whether there are any other pending charges against the defendant pending in this State, those elements that the prosecutor believes in good faith can be proved, and a list of those elements that the prosecutor cannot prove and why, the name and agency of the charging officer and whether the officer is available, and any other reason why the charges are dismissed. General explanations such as "interests of justice" or "insufficient evidence" are not sufficiently detailed to meet the requirements of this section.
(c)	A copy of this form shall be sent to the head of the law enforcement agency that employed the charging officer, to the elected district attorney who employs the prosecutor and filed in the court file. The Administrative Office of the Courts shall electronically record this data in its database and make it available upon request at no charge."
PART XIV. DRIVING WHILE LICENSE REVOKED after FAILURE TO APPEAR IN DRIVING WHILE IMPAIRED
SECTION 30.  G.S. 20‑48 reads as rewritten:
"§ 20‑48.  Giving of notice.
(a)	Whenever the Division is authorized or required to give any notice under this Chapter or other law regulating the operation of vehicles, unless a different method of giving such notice is otherwise expressly prescribed, such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of such notice in an envelope with postage prepaid, addressed to such person at his address as shown by the records of the Division. The giving of notice by mail is complete upon the expiration of four days after such deposit of such notice. Proof of the giving of notice in either such manner may be made by a notation in the records of the Division that the notice was sent to a particular address and the purpose of the notices. A certified copy of the Division's records may be sent by the Police Information Network, facsimile, or other electronic means. A copy of the Division's records sent under the authority of this section is admissible as evidence in any court or administrative agency and is sufficient evidence to discharge the burden of the person presenting the record that notice was sent to the person named in the record, at the address indicated in the record, and for the purpose indicated in the record. There is no requirement that the actual notice or letter be produced. 
(b)	Notwithstanding any other provision of this Chapter at any time notice is now required by registered mail with return receipt requested, certified mail with return receipt requested may be used in lieu thereof and shall constitute valid notice to the same extent and degree as notice by registered mail with return receipt requested.
(c)	The Commissioner shall appoint such agents of the Division as may be needed to serve revocation notices required by this Chapter. The fee for service of a notice shall be fifty dollars ($50.00)."
SECTION 31.  G.S. 20‑28 reads as rewritten:
"§ 20‑28.  Unlawful to drive while license revoked, after notification, or while disqualified.
(a)	Driving While License Revoked. – Except as provided in subsection (a1) of this section, any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 1 misdemeanor. Upon conviction, the person's license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense.
The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license.
(a1)	Driving Without Reclaiming License. – A person convicted under subsection (a) shall be punished as if the person had been convicted of driving without a license under G.S. 20‑35 if the person demonstrates to the court that either subdivisions (1) and (2), or subdivision (3) of this subsection is true:
(1)	At the time of the offense, the person's license was revoked solely under G.S. 20‑16.5; and
(2)	a.	The offense occurred more than 45 days after the effective date of a revocation order issued under G.S. 20‑16.5(f) and the period of revocation was 45 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; or
(3)	At the time of the offense the person had met the requirements of G.S. 50‑13.12, or G.S. 110‑142.2 and was eligible for reinstatement of the person's drivers license privilege as provided therein.
In addition, a person punished under this subsection shall be treated for drivers license and insurance rating purposes as if the person had been convicted of driving without a license under G.S. 20‑35, and the conviction report sent to the Division must indicate that the person is to be so treated.
(a2)	Driving After Notification or Failure to Appear. – A person who drives upon a highway while his license is revoked for an impaired drivers license revocation after the Division has sent notification in accordance with G.S. 20‑48 or who fails to appear for two years from the date of the charge after being charged with an implied consent offense shall be guilty of a Class 1 misdemeanor. Upon conviction, the person's license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense. The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license.(b)	Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 3.
(c)	When Person May Apply for License. – A person whose license has been revoked under this section and for no other reason and the period of revocation is one year may apply for a license after 90 days. A person whose license has been revoked under this section for two years may apply for a license after 12 months. A person whose license has been revoked under this section permanently may apply  for a license after three years. Upon the filing of an application the Division may, with or without a hearing, issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this Chapter or the laws of another state, a violation of any provision of the alcoholic beverage laws of this State or another state, or a violation of any provisions of the drug laws of this State or another state when any of these violations occurred during the revocation period. The Division may impose any restrictions or conditions on the new license that the Division considers appropriate for the balance of the revocation period. When the revocation period is permanent, the restrictions and conditions imposed by the Division may not exceed three years. If the person's license was revoked pursuant to subsection (a1) of this section and the person drove while his license was revoked for an impaired driving revocation or the revocation was for violating subsection (a2) of this section, the Division may only conditionally restore the license in accordance with this subsection and shall require, at a minimum, as a condition of restoration that the driver obtain a substance abuse assessment prior to issuance of a license and show proof of financial responsibility. If the substance abuse assessment recommends education or treatment, the person must complete the education or treatment within the time limits specified. If the assessment determines that the person abuses alcohol, then the Division shall require the person to install and use an ignition interlock on any vehicles that are to be driven. If the person violates any condition of the restoration or is convicted of any moving offense in this or another state or the alcoholic beverage or controlled substance laws of this or any other state, the Division shall cancel the conditionally restored license and impose the remaining revocation period. The Division shall also cancel the registration on any vehicles and shall require the driver to surrender all current registration plates and cards. 
(d)	Driving While Disqualified. – A person who was convicted of a violation that disqualified the person and required the person's drivers license to be revoked who drives a motor vehicle during the revocation period is punishable as provided in the other subsections of this section. A person who has been disqualified who drives a commercial motor vehicle during the disqualification period is guilty of a Class 1 misdemeanor and is disqualified for an additional period as follows:
(1)	For a first offense of driving while disqualified, a person is disqualified for a period equal to the period for which the person was disqualified when the offense occurred.
(2)	For a second offense of driving while disqualified, a person is disqualified for a period equal to two times the period for which the person was disqualified when the offense occurred.
(3)	For a third offense of driving while disqualified, a person is disqualified for life.
The Division may reduce a disqualification for life under this subsection to 10 years in accordance with the guidelines adopted under G.S. 20‑17.4(b). A person who drives a commercial motor vehicle while the person is disqualified and the person's drivers license is revoked is punishable for both driving while the person's license was revoked and driving while disqualified."
PART XV. MODIFYING CURRENT PUNISHMENTS
SECTION 32.  G.S. 20‑179 reads as rewritten:
"§ 20‑179.  Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments.
(a)	Sentencing Hearing Required. – After a conviction for impaired driving under G.S. 20‑138.1, G.S. 20‑138.2, a second or subsequent conviction under G.S. 20‑138.2A, or a second or subsequent conviction under G.S. 20‑138.2B, G.S. 20‑138.3, or any of the foregoing offenses are remanded back to the district court after an appeal to superior court, the judge shall 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 shall make all feasible efforts to secure the defendant's full record of traffic convictions, and shall present to the judge that record for consideration in the hearing. Upon request of the defendant, the prosecutor shall 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 shall present all other 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 shall present evidence of the resulting alcohol concentration.
(a1)	Sentencing Hearing in Superior Court. – Upon a determination of guilt by the jury, the court shall submit to the same jury, or a different jury if using the same jury is impracticable, any grossly aggravating or aggravating factors supported by the evidence. Prior to submitting these factors to the jury, the court shall allow the State and the defendant to present evidence to the jury that is relevant to proving any grossly aggravating or aggravating factors that had not been presented to the jury during the guilt phase of the trial. Provided, however, the court is not required to allow proof of or submit to the jury any grossly aggravating or aggravating factor that is a conviction of a crime or determination of responsibility for an infraction that is stipulated to by the defendant. 
(b)	Repealed by Session Laws 1983, c. 435, s. 29.
(c)	Determining Existence of Grossly Aggravating Factors. – At the sentencing hearing, based upon the evidence presented at trial and in the hearing, the judge shall first determine whether there are any grossly aggravating factors in the case. If the sentencing hearing is for a case remanded back to district court from superior court, the judge shall determine whether the defendant has been convicted of any offense that was not considered at the initial sentencing hearing and impose the appropriate sentence under this section. The judge shall impose the Level One punishment under subsection (g) of this section if the judge determines that two or more grossly aggravating factors apply. The judge shall impose the Level Two punishment under subsection (h) of this section if the judge determines that only one of the grossly aggravating factors applies. The grossly aggravating factors are:
(1)	A prior conviction for an offense involving impaired driving if:
a.	The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or
b.	The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing.
Each prior conviction is a separate grossly aggravating factor.
(2)	Driving by the defendant at the time of the offense while his driver's license was revoked under G.S. 20‑28, and the revocation was an impaired driving revocation under G.S. 20‑28.2(a).
(3)	Serious injury to another person caused by the defendant's impaired driving at the time of the offense.
(4)	Driving by the defendant while a child under the age of 16 years was in the vehicle at the time of the offense.
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 shall weigh all aggravating and mitigating factors and impose punishment as required by subsection (f).
(d)	Aggravating Factors to Be Weighed. – The judge shall determine before sentencing under subsection (f) whether any of the aggravating factors listed below apply to the defendant. The judge shall 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 0.16 or more within a relevant time after the driving.
(2)	Especially reckless or dangerous driving.
(3)	Negligent driving that led to a reportable accident.
(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 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. 20‑141.5 of speeding by the defendant while fleeing or attempting to elude apprehension.
(7)	Conviction under G.S. 20‑141 of speeding by the defendant by at least 30 miles per hour over the legal limit.
(8)	Passing a stopped school bus in violation of G.S. 20‑217.
(9)	Any other factor that aggravates the seriousness of the offense.
Except for the factor in subdivision (5) the conduct constituting the aggravating factor shall occur during the same transaction or occurrence as the impaired driving offense.
(e)	Mitigating Factors to Be Weighed. – The judge shall also determine before sentencing under subsection (f) whether any of the mitigating factors listed below apply to the defendant. The judge shall 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 0.09 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 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 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 the impaired driving offense for which he is being sentenced, and, if recommended by the facility, his voluntary participation in the recommended treatment.
(7)	Any other factor that mitigates the seriousness of the offense.
Except for the factors in subdivisions (4), (6) and (7), the conduct constituting the mitigating factor shall occur during the same transaction or occurrence as the impaired driving offense.
(f)	Weighing the Aggravating and Mitigating Factors. – If the judge in the sentencing hearing determines that there are no grossly aggravating factors, he shall 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 shall 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 subsection (i).
(2)	There are no aggravating and mitigating factors, or that aggravating factors are substantially counterbalanced by mitigating factors, he shall 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 shall 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 shall be imposed.
(f1)	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 (f1), in each charge of impaired driving for which there is a conviction the judge shall 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.
(g)	Level One Punishment. – A defendant subject to Level One punishment may be fined up to four thousand dollars ($4,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 30 days and a maximum term of 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 30 days. If the defendant is placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20‑17.6 for the restoration of a drivers license and as a condition of probation. The judge may impose any other lawful condition of probation.
(h)	Level Two Punishment. – A defendant subject to Level Two punishment may be fined up to two thousand dollars ($2,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than seven days and a maximum term of 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 shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20‑17.6 for the restoration of a drivers license and as a condition of probation. The judge may impose any other lawful condition of probation.
(i)	Level Three Punishment. – A defendant subject to Level Three punishment may be fined up to one thousand dollars ($1,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 72 hours and a maximum term of not more than six months. The term of imprisonment may be suspended. However, the suspended sentence shall include 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)	Any combination of these conditions.
If the defendant is placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20‑17.6 for the restoration of a drivers license and as a condition of probation. The judge may impose any other lawful condition of probation.
(j)	Level Four Punishment. – A defendant subject to Level Four punishment may be fined up to five hundred dollars ($500.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 48 hours and a maximum term of not more than 120 days. The term of imprisonment may be suspended. However, the suspended sentence shall include the condition that the defendant:
(1)	Be imprisoned for a term of 48 hours as a condition of special probation; or
(2)	Perform community service for a term of 48 hours; or
	
(3)	Any combination of these conditions.
If the defendant is placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20‑17.6 for the restoration of a drivers license and as a condition of probation. The judge may impose any other lawful condition of probation.
(k)	Level Five Punishment. – A defendant subject to Level Five punishment may be fined up to two hundred dollars ($200.00) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 24 hours and a maximum term of not more than 60 days. The term of imprisonment may be suspended. However, the suspended sentence shall include 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
	
(3)	Any combination of these conditions.
If the defendant is placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20‑17.6 for the restoration of a drivers license and as a condition of probation. The judge may impose any other lawful condition of probation.
(k1)	Credit for Inpatient Treatment. – Pursuant to G.S. 15A‑1351(a), the judge may order that a term of imprisonment imposed as a condition of special probation under any level of punishment be served as an inpatient in a facility operated or licensed by the State for the treatment of alcoholism or substance abuse where the defendant has been accepted for admission or commitment as an inpatient. The defendant shall bear the expense of any treatment unless the trial judge orders that the costs be absorbed by the State. The judge may impose restrictions on the defendant's ability to leave the premises of the treatment facility and require that the defendant follow the rules of the treatment facility. The judge may credit against the active sentence imposed on a defendant the time the defendant was an inpatient at the treatment facility, provided such treatment occurred after the commission of the offense for which the defendant is being sentenced. This section shall not be construed to limit the authority of the judge in sentencing under any other provisions of law.
(l)	Repealed by Session Laws 1989, c. 691.
(m)	Repealed by Session Laws 1995, c. 496, s. 2.
(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 shall 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.
(o)	Evidentiary Standards; Proof of Prior Convictions. – In the sentencing hearing, the State shall prove any grossly aggravating or aggravating factor by the greater weight of the evidence, and the defendant shall 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 shall 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 shall 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, the conviction may not be used as a grossly aggravating or aggravating factor.
(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 pending trial.
(2)	The defendant shall 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, has served the mandatory minimum period of imprisonment, and has obtained a substance abuse assessment and completed any recommended treatment or training program or is paroled into a residential treatment program.
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.
(q)	Repealed by Session Laws 1991, c. 726, s. 20.
(r)	Supervised Probation Terminated. – Unless a judge in his discretion determines that supervised probation is necessary, and includes in the record that he has received evidence and finds as a fact that supervised probation is necessary, and states in his judgment that supervised probation is necessary, a defendant convicted of an offense of impaired driving shall be placed on unsupervised probation if he meets three conditions. These conditions are that he has not been convicted of an offense of impaired driving within the seven years preceding the date of this offense for which he is sentenced, that the defendant is sentenced under subsections (i), (j), and (k) of this section, and has obtained any necessary substance abuse assessment and completed any recommended treatment or training program.
When a judge determines in accordance with the above procedures that a defendant should be placed on supervised probation, the judge shall authorize the probation officer to modify the defendant's probation by placing the defendant on unsupervised probation upon the completion by the defendant of the following conditions of his suspended sentence:
(1)	Community service; or
(2)	Repealed by Session Laws 1995 c. 496, s. 2.
(3)	Payment of any fines, court costs, and fees; or
(4)	Any combination of these conditions.
(s)	Method of Serving Sentence. – The judge in his discretion may order a term of imprisonment to be served on weekends, even if the sentence cannot be served in consecutive sequence. However, if the defendant is ordered to a term of 48 hours or more or has 48 hours or more remaining on a term of imprisonment, the defendant shall be required to serve 48 continuous hours of imprisonment to be given credit for time served. Credit for any jail time shall only be given hour for hour for time actually served. The jail shall maintain a log showing number of hours served. The court may provide for the DWI case manager in consultation with the sheriff's office to determine which weekends the defendant shall serve. If the defendant appears at the jail and has remaining in his body any alcohol, as shown by an alcohol screening device, or controlled substance previously consumed, unless lawfully obtained and taken in therapeutically appropriate amounts, the defendant shall be refused entrance and this shall be reported back to court. If after a hearing the court determines that when the defendant reported to jail, the defendant had remaining in his body any alcohol previously consumed, as shown by an alcohol screening device, or controlled substance previously consumed, unless lawfully obtained and taken in therapeutically appropriate amounts, the defendant shall be ordered to serve his jail time immediately and shall not be eligible to serve jail time on weekends.
(t)	Repealed by Session Laws 1995, c. 496, s. 2."
SECTION 33.  Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A‑109.4. Records of offenses involving impaired driving.
The clerk of superior court shall maintain all records relating to an offense involving impaired driving as defined in G.S. 20‑4.01(24a) for a minimum of 10 years from the date of conviction. Prior to destroying the record, the clerk shall record the name of the defendant, the judge, the prosecutor, and the attorney or whether there was a waiver, the alcohol concentration or the fact of refusal, the sentence imposed, and whether the case was appealed to superior court and its disposition."
PART XVI. increased collection of fines and fees
SECTION 34.  G.S. 20‑179 is amended by adding a new subsection to read:
"(u)	Fees and Fines. – A fee, fine, or cost that is authorized by law to be imposed for a person sentenced under this section shall not be waived or remitted unless the court determines that the person is indigent and incapable of paying now and will not be capable of paying during the term of probation."
SECTION 35.  G.S. 7A‑108 reads as rewritten:
"§ 7A‑108.  Accounting for fees and other receipts; annual audit.
(a)	The Administrative Office of the Courts, subject to the approval of the State Auditor, shall establish procedures for the receipt, deposit, protection, investment, and disbursement of all funds coming into the hands of the clerk of superior court. The fees to be remitted to counties and municipalities shall be paid to them monthly by the clerk of superior court.
(b)	The operations of the Administrative Office of the Courts and the Clerks of Superior Court shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
(c)	The procedures specified in subsection (a) of this section, at a minimum, shall require each clerk of superior court within 48 hours of any court order to establish an accounts payable for all funds required to be paid to the clerk of superior court and still owed. In addition to the procedures of G.S. 20‑24.1 and G.S. 20‑24.2, the clerk shall report all persons back to court who are six months overdue on payments. By March 1, the Administrative Office of the Courts shall provide an annual report of the previous calendar year to the Joint Legislative Commission on Governmental Operations on a statewide and county basis the amount of fines, costs, restitution, and amount and types of fees ordered to be paid at the disposition of any criminal trial, any subsequent reduction of this amount, amount collected, and amount still owed."
SECTION 36.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑24.3. Surrender of license and registration.
(a)	Upon conviction for an offense which requires the Division to revoke a person's drivers license, the person shall surrender to the court his most recent valid drivers license issued by the Division or by a similar agency in another jurisdiction and any limited driving privilege. For a person who does not surrender the license within 10 days of a conviction, the clerk shall impose the fee of fifty dollars ($50.00) specified in G.S. 7A‑304(a)(6). A person who is unable to locate his license or whose license is revoked and does not have a limited driving privilege shall file an affidavit with the clerk stating that he is validly licensed and is unable to locate the license or that it is revoked. This affidavit shall constitute surrender of the license.
(b)	Upon conviction for an offense that requires the Division to revoke a person's registration, the person shall surrender to the court all registration plates and registration cards issued to him by the Division. For a person who does not surrender the registration plates and cards within 10 days of a conviction, the clerk shall impose the fee of fifty dollars ($50.00) specified in G.S. 7A‑304(a)(6) for each such tag or card not surrendered. A person who surrenders his registration plate and card to the Division may submit the receipt issued by the Division in lieu of surrendering the tag to the court."
PART XVII. MAKING IT ILLEGAL FOR A PERSON UNDER 21 YEARS OF AGE TO CONSUME AS WELL AS POSSESS ALCOHOL AND TO ALLOW ALCOHOL SCREENING DEVICES TO BE USED TO PROVE A PERSON HAS CONSUMED ALCOHOL
SECTION 37.  G.S. 18B‑302(b) reads as rewritten:
"(b)	Purchase or Possession. – It shall be unlawful for:
(1)	A person less than 21 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.
(3)	A person less than 21 years old to consume any alcoholic beverage."
SECTION 38.  G.S. 18B‑302 is amended by adding a new subsection to read:
"(j)	Notwithstanding any other provisions of law, a law enforcement officer may require any person the officer has probable cause to believe is under the age of 21 and who has consumed alcohol to submit to an alcohol screening test using a device approved by the Department of Health and Human Services. The results of any screening device administered in accordance with the rules of the Department of Health and Human Services shall be admissible in any court or administrative proceeding to prove that a person possessed or consumed an alcoholic beverage."
PART XVIII. requirING that defendants who are released from prison early are to be assigned to house arrest or community service parole
SECTION 39.  G.S. 15A‑1371(h) reads as rewritten:
"(h)	Community Service Parole and House Arrest. – Notwithstanding the provisions of any other subsection herein, prisoners serving sentences for impaired driving who are granted early release shall be assigned community service parole or house arrest, in the discretion of the Post‑Release Supervision and Parole Commission.
Community service parole is early parole for the purpose of participation in a program of community service under the supervision of a probation/parole officer. A parolee who is paroled under this subsection shall perform as a condition of parole community service in an amount and over a period of time to be determined by the Post‑Release Supervision and Parole Commission. However, the total amount of community service shall not exceed an amount equal to 32 hours for each month of active service remaining in his minimum sentence. The Post‑Release Supervision and Parole Commission may grant early parole under this section without requiring the performance of community service if it determines that such performance is inappropriate to a particular case.
The probation/parole officer and the community service coordinator shall develop a program of community service for the parolee. The community service coordinator shall report any willful failure to perform community service work to the probation/parole officer. Parole may be revoked for any parolee who willfully fails to perform community service work as directed by a community service coordinator or violates the rules of house arrest. The provisions of G.S. 15A‑1376 shall apply to this violation of a condition of parole.
Community service parole or house arrest eligibility shall be available to a prisoner:
(1)	Who is serving an active sentence the term of which exceeds six months; and
(2)	Who, in the opinion of the Post‑Release Supervision and Parole Commission, is unlikely to engage in further criminal conduct; and
(3)	Who agrees to complete service of his sentence as herein specified; and
(4)	Who has served one‑half of his minimum sentence.
In computing the service requirements of subdivision (4) of this subsection, credit shall be given for good time and gain time credit earned pursuant to G.S. 148‑13. Nothing herein is intended to create or shall be construed to create a right or entitlement to community service parole or house arrest in any prisoner. The Post‑Release Supervision and Parole Commission may impose additional restrictions on consumption of alcohol or other impairing substances and requirements for treatment for substance abuse."
SECTION 40.  G.S. 15A‑1371(i) reads as rewritten:
"(i)	A fee of two hundred dollars ($200.00) shall be paid by all persons who participate in the Community Service Parole or House Arrest Program. That fee shall be paid to the clerk of court in the county in which the parolee is released. The fee shall be paid in full within two weeks unless the Post‑Release Supervision and Parole Commission, upon a showing of hardship by the person, allows the person additional time to pay the fee. The parolee may not be required to pay the fee before the person begins the community service or is assigned to house arrest unless the Post‑Release Supervision and Parole Commission specifically orders that the person do so. Fees collected under this subsection shall be deposited in the General Fund. The fee imposed under this subsection may be paid as prescribed by the supervising parole officer."
SECTION 41.  G.S. 15A‑1371(j) reads as rewritten:
"(j)	The Post‑Release Supervision and Parole Commission may terminate a prisoner's community service parole or house arrest before the expiration of the term of imprisonment where doing so will not endanger the public, unduly depreciate the seriousness of the crime, or promote disrespect for the law."
PART XIX.  EFFECTIVE DATE
SECTION 42.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.