A BILL TO BE ENTITLED
AN ACT to amend various statutes related to driving while impaired, as recommended by the Governor's task force on driving while impaired.
The General Assembly of North Carolina enacts:
PART i.  iNTEGRATED DATA SYSTEM to provide essential information about dwi offenses statewide
SECTION 1.  G.S. 7A‑109.2 reads as rewritten:  
"§ 7A‑109.2.  Records of dispositions in criminal cases; impaired driving integrated data system.
(a)	Each clerk of superior court shall ensure that all records of dispositions in criminal cases, including those records filed electronically, contain all the essential information about the case, including the the name of the presiding judge and the attorneys representing the State and the defendant.
(b)	In addition to the information required by subsection (a) for all offenses involving impaired driving as defined by G.S. 20‑4.01, all charges of driving while license revoked for an impaired driving license revocation as defined by G.S. 20‑28.2, and any other violation of the motor vehicle code involving the operation of a vehicle and the possession, consumption, use, or transportation of alcoholic beverages, the clerk shall include in the electronic records  the following information:
(1)	The reasons for any voluntary dismissal or reduction of charges as specified in G.S. 20‑138.4;
(2)	The reasons for any pretrial dismissal by the court;
(3)	The reasons for any continuances granted in the case;
(4)	The alcohol concentration reported by the charging officer or chemical analyst, if any;
(5)	The reasons for any suppression of evidence;
(6)	The reasons for dismissal of charges at trial;
(7)	The punishment imposed, including community service, jail, substance abuse assessment and education or treatment, amount of any fine, costs, and fees imposed;
(8)	The amount and reason for waiving or reduction of any fee or fine;
(9)	The time or other conditions given to pay any fine, cost, or fees; 
(10)	After the initial disposition, the modification or reduction to any sentence, fee owed, fine, or restitution and the name and agency of the person requesting the modification;
(11)	The date of compliance with court-ordered community service, jail sentence, substance abuse assessment, substance abuse education or treatment, and payment of fines, costs, and fees; and
(12)	Subsequent court proceedings to enforce compliance with punishment, assessment, treatment, education, or payment of fines, costs, and fees.
SECTION 2.  Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A‑346.3.  Impaired driving integrated data system report.
The information compiled by G.S. 7A‑109.2 shall be maintained in an Administrative Office of the Courts database. 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 Operation showing types of dispositions for the entire State, by county, by judge, by prosecutor, and by defense attorney. This report shall also include the amount of fines, costs, and fees ordered at the disposition of the charge, the amount of any subsequent reduction, amount collected and amount still owed,, and compliance with sanctions of community service, jail, substance abuse assessment, treatment, and education. The Administrative Office of the Courts shall facilitate public access to the information collected under this section by posting this information on the court's Internet page in a manner accessible to the public and shall make reports of any information collected under this section available to the public upon request and without charge.
part ii.  prevent noncompliant permit holders from continuing irresponsible alcohol service practices by switching permits to another name
SECTION 3.  G.S. 18B‑900 reads as rewritten:
"§ 18B‑900. Qualifications for permit.
(a)	Requirements. – To be eligible to receive and to hold an ABC permit, a person shall:
(1)	Be at least 21 years old, unless the person is a manager of a business selling only malt beverages and unfortified wine, in which case the person shall be at least 19 years old;
(2)	Be a resident of North Carolina unless:
a.	He is an officer, director or stockholder of a corporate applicant or permittee and is not a manager or otherwise responsible for the day‑to‑day operation of the business; or
b.	He has executed a power of attorney designating a qualified resident of this State to serve as attorney in fact for the purposes of receiving service of process and managing the business for which permits are sought; or
c.	He is applying for a nonresident malt beverage vendor permit, a nonresident wine vendor permit, or a vendor representative permit;
(3)	Not have been convicted of a felony within three years, and, if convicted of a felony before then, shall have had his citizenship restored;
(4)	Not have been convicted of an alcoholic beverage offense within two years;
(5)	Not have been convicted of a misdemeanor controlled substance offense within two years; and
(6)	Not have had an alcoholic beverage permit revoked within three years, except where the revocation was based solely on a permittee's failure to pay the annual registration and inspection fee required in G.S. 18B‑903(b1).
(7)	Not have, whether as an individual or as an officer, director, shareholder, or manager of a corporate permittee, an unsatisfied outstanding final judgment that was entered against him in an action under Article 1A of this Chapter.
To avoid undue hardship, however, the Commission may decline to take action under G.S. 18B‑104 against a permittee who is in violation of subdivisions (3), (4), or (5).
(b)	Definition of Conviction. – A person has been "convicted" for the purposes of subsection (a) when he has been found guilty, or has entered a plea of guilty or nolo contendere, and judgment has been entered against him. A felony conviction in another jurisdiction shall disqualify a person from being eligible to receive or hold an ABC permit if his conduct would also constitute a felony in North Carolina. A conviction of an alcoholic beverage offense or misdemeanor drug offense in another jurisdiction shall disqualify a person from being eligible to receive or hold an ABC permit if his conduct would constitute an offense in North Carolina, unless the Commission determines that under North Carolina procedure judgment would not have been entered under the same circumstances. Revocation of a permit in another jurisdiction shall disqualify a person if his conduct would be grounds for revocation in North Carolina.
(c)	Who Must Qualify; Exceptions. – For an ABC permit to be issued to and held for a business, each of the following persons associated with that business must qualify under subsection (a):
(1)	The owner of a sole proprietorship;
(2)	Each member of a firm, association or general partnership;
(2a)	Each general partner in a limited partnership;
(2b)	Each manager and any member with a twenty‑five percent (25%) or greater interest in a limited liability company;
(3)	Each officer, director and owner of twenty‑five percent (25%) or more of the stock of a corporation except that the requirement of subdivision (a)(1) does not apply to such an officer, director, or stockholder unless he is a manager or is otherwise responsible for the day‑to‑day operation of the business;
(4)	The manager of an establishment operated by a corporation other than an establishment with only off‑premises malt beverage, off‑premises unfortified wine, or off‑premises fortified wine permits;
(5)	Any manager who has been empowered as attorney‑in‑fact for a nonresident individual or partnership.
(d)	Manager of Off‑Premises Establishment. – Although he need not otherwise meet the requirements of this section, the manager of an establishment operated by a corporation and holding off‑premises permits for malt beverages, unfortified wine, or fortified wine shall be at least 19 years old and shall meet the requirements of subdivisions (3), (4), (5), and (6) of subsection (a).
(e)	Convention Centers. – With the approval of the Commission, the manager of a convention center may contract with another person to provide food and beverages at conventions and banquets at the convention center, and that person may engage in the activities authorized by the convention center's permit, under conditions set by the Commission. The person with whom the convention center contracts must meet the qualifications of this section.
(f)	Definition of Manager. – For purposes of this section, a manager is someone who has direct or indirect possession of the power to direct or cause the direction of the management and policies of a permitted establishment."
part iii.  standardize criteria for law enforcement checkpoints
SECTION 4.  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 must:
(	
(2)	Designates in advance the pattern both for stopping vehicles and for requesting drivers that are stopped to produce drivers license, registration, and/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 drivers license, registration or insurance information.
(3)	Advise the public that an authorized  checking station is being operated by having, at a minimum, one law enforcement vehicle with its blue light in operation during the conducting of the checking station
(b)	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.
(c)	Other roadblocks. Law enforcement agencies may conduct any 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 such violation was not made in good faith and such violation amounts to a violation of the United States Constitution or the Constitution of North Carolina.
."
part iv.  admit alco‑sensor results at trial
SECTION 5.  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 must 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 Must Be Made with Approved Devices and in Approved Manner. – No screening test for alcohol concentration is a valid one  under this section unless the device used is one approved by the  Department 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, a court, or an administrative agency in determining if there are reasonable grounds for believing that the driver has committed an implied‑consent offense under G.S.  20‑16.2, and are admissible in a court or administrative proceeding to prove that the driver had consumed alcohol and that previously consumed alcohol was present in the driver's body, 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 v.  clarify per se offenses
SECTION 6.  G.S. 20‑138.1(a) reads as rewritten:
"(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, at any relevant time after the driving, the person submits to a chemical analysis, and the result is 0.08 or more." 
SECTION 7.  G.S. 20‑138.2(a) reads as rewritten:
"(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, at any relevant time after the driving, the person submits to a chemical analysis, and the result is 0.04 or more."
part vi.  increase/create penalty for dwi death/injury
SECTION 8.  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 felony 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 commission of that offense is the proximate cause of the serious injury.
(a4)	Aggravated Felony Death by Vehicle. – A person commits the offense of aggravated 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. 138.2, the commission of that offense is the proximate cause of the death, and the person has a been convicted of an offense involving impaired driving as defined in G.S. 20‑4.01(24a) within seven years of the date of this offense.
(a5)	Aggravated Felony Serious Injury by Vehicle. – A person commits the offense of aggravated felony 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, the commission of that offense is the proximate cause of the death, and the person has been convicted of an offense involving impaired driving as defined in G.S. 20‑4.01(24a) within seven years of the date of this offense.
(b)	Punishments. – Felony death by vehicle is a Class G felony. Aggravated felony death by vehicle is a Class D felony. Felony serious injury by vehicle is a Class H felony. Aggravated 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 vii.  improved access to medical records in impaired driving cases
SECTION 9.  Chapter 90 of the General Statutes 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 viii.  dwi training for judgesSECTION 10.  Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A‑10.2.  Judicial education requirements.
All justices and judges of the General Court of Justice shall be required to attend continuing judicial education as prescribed by the Supreme Court. At a minimum, every justice and judges shall be required to obtain two hours every two years of continuing judicial education regarding driving while impaired offenses and related issues."
part ix.  DRIVING WHILE LICENSE REVOKED FOR FAILURE TO APPEAR IN DRIVING WHILE IMPAIRED
SECTION 11.  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 a notice was sent to a particular address and the purpose of the notice. 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 in 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 12.  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 driving 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 drivers 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 subsection (a) or (a1) of this section for one year may apply for a license after 90 days. A person whose license has been revoked under subsection (a2) of this section for one year may apply for a license after one year. 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 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 and the revocation was for more than one year, 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 control 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 x.  modify sentencing statutes to comply with blakely v. washington
SECTION 13.  G.S. 20‑179(a) reads as rewritten:
"(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, or when any of those offenses are remanded back to district court after an appeal to superior court, the judge must hold a sentencing hearing to determine whether there are aggravating or mitigating factors that affect the sentence to be imposed. Before the hearing the prosecutor must make all feasible efforts to secure the defendant's full record of traffic convictions, and must present to the judge that record for consideration in the hearing. Upon request of the defendant, the prosecutor must furnish the defendant or his attorney a copy of the defendant's record of traffic convictions at a reasonable time prior to the introduction of the record into evidence. In addition, the prosecutor must present all other appropriate grossly aggravating and aggravating factors of which he is aware, and the defendant or his attorney may present all appropriate mitigating factors. In every instance in which a valid chemical analysis is made of the defendant, the prosecutor must present evidence of the resulting alcohol concentration."
SECTION 14.  G.S. 20‑179 is amended by adding a new subsection to read:
"(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 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 or that is stipulated to by the defendant."
SECTION 15.  G.S. 20‑179(c) reads as rewritten:
"(c)	Determining Existence of Grossly Aggravating Factors. – At the sentencing hearing, based upon the evidence presented at trial and in the hearing, the judge, or the jury in superior court, must first determine whether there are any grossly aggravating factors in the case. The judge must impose the Level One punishment under subsection (g) of this section if it is determined that two or more grossly aggravating factors apply. The judge must impose the Level Two punishment under subsection (h) of this section if it is determined 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 must weigh all aggravating and mitigating factors and impose punishment as required by subsection (f)."
SECTION 16.  G.S. 20‑179(d) reads as rewritten:
"(d)	Aggravating Factors to Be Weighed. – The judge, or the jury in superior court, must determine before sentencing under subsection (f) whether any of the aggravating factors listed below apply to the defendant. The judge must weigh the seriousness of each aggravating factor in the light of the particular circumstances of the case. The factors are:
(1)	Gross impairment of the defendant's faculties while driving or an alcohol concentration of 0.16 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 must occur during the same transaction or occurrence as the impaired driving offense."
SECTION 17.  G.S. 20‑179(f) reads as rewritten:
"(f)	Weighing the Aggravating and Mitigating Factors. – If the judge or the jury in the sentencing hearing determines that there are no grossly aggravating factors, the judge must weigh all aggravating and mitigating factors listed in subsections (d) and (e). If the judge determines that:
(1)	The aggravating factors substantially outweigh any mitigating factors, he must note in the judgment the factors found and his finding that the defendant is subject to the Level Three punishment and impose a punishment within the limits defined in subsection (i).
(2)	There are no aggravating and mitigating factors, or that aggravating factors are substantially counterbalanced by mitigating factors, he must note in the judgment any factors found and his finding that the defendant is subject to the Level Four punishment and impose a punishment within the limits defined in subsection (j).
(3)	The mitigating factors substantially outweigh any aggravating factors, he must note in the judgment the factors found and his finding that the defendant is subject to the Level Five punishment and impose a punishment within the limits defined in subsection (k).
It is not a mitigating factor that the driver of the vehicle was suffering from alcoholism, drug addiction, diminished capacity, or mental disease or defect. Evidence of these matters may be received in the sentencing hearing, however, for use by the judge in formulating terms and conditions of sentence after determining which punishment level must be imposed."
part xi.  require a da signature before a motion for appropriate relief is granted in district court
SECTION 18.  G.S. 15A‑1420(a) reads as rewritten:
"(a)	Form, Service, Filing.
(1)	A motion for appropriate relief must:
a.	Be made in writing unless it is made:
1.	In open court;
2.	Before the judge who presided at trial;
3.	Before the end of the session if made in superior court; and
4.	Within 10 days after entry of judgment;
b.	State the grounds for the motion;
c.	Set forth the relief sought; and
d.	Be timely filed.
(2)	A written motion for appropriate relief must be served in the manner provided in G.S. 15A‑951(b). When the written motion is made more than 10 days after entry of judgment, service of the motion and a notice of hearing must be made not less than five working days prior to the date of the hearing. When a motion for appropriate relief is permitted to be made orally the court must determine whether the matter may be heard immediately or at a later time. If the opposing party, or his counsel if he is represented, is not present, the court must provide for the giving of adequate notice of the motion and the date of hearing to the opposing party, or his counsel if he is represented by counsel.
(3)	A written motion for appropriate relief must be filed in the manner provided in G.S. 15A‑951(c).
(4)	An oral or written motion for appropriate relief may not be granted in District Court without the signature of the District Attorney, indicating that the State has had an opportunity to consent or object to the motion. However, the court may grant a motion for appropriate belief without the District Attorney's signature 10 business days after the District Attorney has been notified in open court of the motion, or served with the motion pursuant to G.S. 15A‑951(c)."
part xii.  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 19.  G.S. 18B‑302 reads as rewritten:
"§ 18B‑302.  Sale to or purchase by underage persons.
(a)	Sale. – It shall be unlawful for any person to:
(1)	Sell or give malt beverages or unfortified wine to anyone less than 21 years old; or
(2)	Sell or give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.
(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; or
(3)	A person less than 21 years old to consume any alcoholic beverage.
(c)	Aider and Abettor.
(1)	By Underage Person. – Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a) or (b) of this section shall be guilty of a Class 2 misdemeanor.
(2)	By Person over Lawful Age. – Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a) or (b) of this section shall be guilty of a Class 1 misdemeanor.
(d)	Defense. – It shall be a defense to a violation of subsection (a) of this section if the seller:
(1)	Shows that the purchaser produced a driver's license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing his age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the purchaser; or
(2)	Produces evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
(e)	Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following:
(1)	A fraudulent or altered drivers license.
(2)	A fraudulent or altered identification document other than a drivers license.
(3)	A drivers license issued to another person.
(4)	An identification document other than a drivers license issued to another person.
(5)	Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section.
(f)	Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person's drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.
(g)	Conviction Report Sent to Division of Motor Vehicles. – The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of:
(1)	A violation of subsection (e) or (f) of this section; or
(2)	A violation of subdivision (c)(1) of this section; or
(3)	A violation of subsection (b) of this section, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage.
Upon receipt of a conviction report, the Division shall revoke the person's license as required by G.S. 20‑17.3.
(h)	Handling in Course of Employment. – Nothing in this section shall be construed to prohibit an underage person from selling, transporting, possessing or dispensing alcoholic beverages in the course of employment, if the employment of the person for that purpose is lawful under applicable youth employment statutes and Commission rules.
(i)	Purchase, Possession, or Consumption by 19 or 20‑Year old.‑A violation of subdivision (b)(1) or (b)(3) of this section by a person who is 19 or 20 years old is a Class 3 misdemeanor.
(j)	Notwithstanding any other provisions of law, a law enforcement officer may require any person the officer has probable cause to believe is under age 21 and 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. A refusal to submit to an alcohol screening test shall be admissible in any court or administrative proceeding."
part xiii.  allow credit only for hours served for weekend jail time
SECTION 20.  G.S. 20‑179(s) reads as rewritten:
"(s)	Method of Serving Sentence. – The judge in his discretion may order a term of imprisonment or 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. 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 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 must be ordered to serve his jail time immediately and shall not be eligible to serve jail time on weekends.
part xiv.  require dwi offenders on supervised probation to submit to testing for alcohol or drugs
SECTION 21.  G.S. 20‑179 is amended by adding a new subsection to read:
"(u)	Mandatory Terms of Supervised Probation. – When placing a defendant convicted of an offense of impaired driving on supervised probation, the judge shall require as special conditions of probation that the defendant not use, possess, or control any illegal or controlled substance, and submit to any physical, chemical, blood or breath test, or to a urinalysis for the detection of alcohol or controlled substances."
part xv.  effective date
SECTION 22.  Section 3 of this act becomes effective December 1, 2005, and applies to all permit applications and renewals on or after that date. Section 10 of this act becomes effective January 1, 2006. Sections 13 through 17 are effective when they become law. Section 18 becomes effective December 1, 2005, and applies to all motions filed on or after that date. Section 20 of this act is effective when it becomes law. The remainder of this act becomes effective December 1, 2005, and applies to offenses committed on or after that date.