GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1091
|
Short Title: DWI Modernization Act of 2026. |
(Public) |
|
|
Sponsors: |
Representatives Ager, Ferguson, Echevarria, and Pike (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
|
|
Referred to: |
Judiciary 2, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House |
|
April 30, 2026
A BILL TO BE ENTITLED
AN ACT to MODERNIZE DWI LAWS RELATING TO PREVENTION, ENFORCEMENT, AND RECOVERY AND TO SAVE LIVES OF OPERATORS, PASSENGERS, AND PEDESTRIANS BY REQUIRING MAGISTRATES TO EXPLAIN A FINDING OF NO PROBABLE CAUSE IN IMPLIED CONSENT CASES; TO INCREASE EFFICIENCY IN THE IMMEDIATE CIVIL PRETRIAL REVOCATION; TO REQUIRE IMPAIRED DRIVERS TO PAY THEIR FAIR SHARE OF THE COSTS OF THEIR PROCESSING; TO REDUCE UNNECESSARY MOTIONS BY ADMITTING ALCOHOL AND ORAL DRUG SCREENING TESTS TO PROVE THE ARRESTING OFFICER HAD PROBABLE CAUSE; TO HAVE TRANSPORTATION NETWORK DRIVERS MEET THE SAME STANDARDS AS BUS DRIVERS; TO ALLOW REPEAT OFFENDERS A METHOD TO PROVE THEIR SOBRIETY AND OBTAIN A LEGAL METHOD TO OPERATE A VEHICLE; AND to MAKE IT A FELONY FOR A PERSON OF LAWFUL AGE TO AID AN UNDERAGE PERSON IN OBTAINING ALCOHOLIC BEVERAGES WHEN THE UNDERAGE PERSON CAUSES SERIOUS INJURY TO THEMSELVES OR ANOTHER PERSON.
The General Assembly of North Carolina enacts:
TITLE OF ACT
SECTION 1. This act shall be known as "The DWI Modernization Act of 2026."
PROVISIONS RELATING TO MAGISTRATES' REQUIREMENT TO EXPLAIN A FINDING OF NO PROBABLE CAUSE IN IMPLIED CONSENT CASES
SECTION 2.(a) G.S. 15A‑511 is amended by adding a new subsection to read:
"(c1) Written Findings for Implied Consent Offense. – If the magistrate determines that there is no probable cause for an implied consent offense, as defined in G.S. 20‑16.2, the magistrate shall provide a written explanation on a form approved by the Administrative Office of the Courts which shall contain, at a minimum, all of the following:
(1) When performed, the result of any alcohol or other impairing substance screening test.
(2) When performed, the results of any standardized field sobriety tests.
(3) When performed, the results of any drug recognition expert evaluation.
(4) When available, the alcohol concentration or the fact that the driver refused the implied consent test.
(5) Whether a blood sample for analysis was obtained from the defendant.
(6) The element or elements of the offense charged that the magistrate believes are missing that led to the determination that probable cause did not exist.
A copy of the form required by this subsection shall be sent to the head of the law enforcement agency that employed the charging officer, and to the chief district court judge and district attorney for the judicial district, and filed with the court. The Administrative Office of the Courts shall electronically record this data in its database and make it available upon request."
SECTION 2.(b) This section becomes effective December 1, 2026, and applies to initial appearances on or after that date.
PROVISIONS RELATED TO INCREASING EFFICIENCY IN THE IMMEDIATE CIVIL PRETRIAL REVOCATION AND ASSURING IMPAIRED DRIVERS PAY THEIR FAIR SHARE OF THE COSTS OF PROCESSING THEM
SECTION 3.(a) G.S. 20‑7(i1) reads as rewritten:
"(i1) Restoration Fee. –
Any person whose drivers license has been revoked pursuant to the provisions of
this Chapter, other than G.S. 20‑17(a)(2) subdivision (2),
(12), (13), or (14) of subsection (a) of G.S. 20‑17, shall pay a
restoration fee of seventy dollars ($70.00). A person whose drivers license has
been revoked under G.S. 20‑17(a)(2) subdivision (2), (12),
(13), or (14) of subsection (a) of G.S. 20‑17 shall pay a
restoration fee of one two hundred forty fifty dollars
and twenty‑five cents ($140.25). ($250.00). The fee shall
be paid to the Division prior to the issuance to such person of a new drivers
license or the restoration of the drivers license. The restoration fee shall be
paid to the Division in addition to any and all fees which may be provided by
law. This restoration fee shall not be required from any licensee whose license
was revoked or voluntarily surrendered for medical or health reasons whether or
not a medical evaluation was conducted pursuant to this Chapter. The seventy
dollar ($70.00) fee, and the first one hundred five twenty dollars
($105.00) ($120.00) of the one two hundred forty
fifty dollar and twenty‑five cent ($140.25) ($250.00)
fee, shall be deposited in the Highway Fund. Twenty five Sixty‑five
dollars ($25.00) ($65.00) of the one two hundred
forty fifty dollar and twenty‑five cent ($140.25) ($250.00)
fee shall be used to fund a statewide chemical alcohol impairment
testing program administered by the Forensic Tests for Alcohol Branch of
the Chronic Disease and Injury Section of the Department of Health and Human
Services. The remaining sixty‑five dollars ($65.00) of the two hundred
fifty dollar ($250.00) fee shall be remitted to the county for the sole purpose
of reimbursing the county for jail expenses incurred due to enforcement of the
impaired driving laws. Notwithstanding any other provision of law, a
restoration fee assessed pursuant to this subsection may be waived by the
Division when (i) the restoration fee remains unpaid for more than 10 years
from the date of assessment and (ii) the person responsible for payment of the
restoration fee has been issued a drivers license by the Division after the
effective date of the revocation for which the restoration fee is owed. The
Office of State Budget and Management shall annually report to the General
Assembly the amount of fees deposited in the General Fund and transferred to
the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section
of the Department of Health and Human Services under this subsection."
SECTION 3.(b) 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 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:of the following implied‑consent advisory:
(1) You have been charged
with an implied‑consent offense. Under You have consented to a
chemical analysis under the implied‑consent law, you can law.
If you choose to withdraw your consent and refuse any test, but your
drivers license will be revoked for one year and could be revoked for a longer
period of time under certain circumstances, and an officer can compel you to be
tested under other laws.
…
(4) Your driving privilege
will be revoked immediately for at least 30 days if you refuse any test or
the test result is 0.08 or more, 0.04 or more if you were driving a commercial
vehicle, or 0.01 or more if you are under the age of 21.a judicial
official determines there is probable cause for the implied‑consent
offense charge.
…
(a1) Meaning of Terms. – Under this section, an "implied‑consent offense" is an offense involving impaired driving, a violation of G.S. 20‑141.4(a2), 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. The term "judicial official" is as defined in G.S. 15A‑101.
…
(i) Right to Chemical
Analysis before Arrest or Charge. – A person stopped or questioned by a law
enforcement officer who is investigating whether the person may have committed
an implied consent offense may request the administration of a chemical
analysis before any arrest or other charge is made for the offense. Upon this
request, the officer shall afford the person the opportunity to have a chemical
analysis of his or her breath, if available, in accordance with the procedures
required by G.S. 20‑139.1(b). The request constitutes the person's
consent to be transported by the law enforcement officer to the place where the
chemical analysis is to be administered. Before the chemical analysis is made,
the person shall confirm the request in writing and shall be notified:notified
of all of the following:
(1) That the test results
will be admissible in evidence and may be used against you in any implied
consent offense that may arise;arise.
(2) Your driving privilege
will be revoked immediately for at least 30 days if the test result is 0.08
or more, 0.04 or more if you were driving a commercial vehicle, or 0.01 or more
if you are under the age of 21.you are charged with an implied‑consent
offense and a judicial official determines there is probable cause for the
charge.
…."
SECTION 3.(c) G.S. 20‑16.5 reads as rewritten:
"§ 20‑16.5. Immediate civil license revocation for certain persons charged with implied‑consent offenses.
…
(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:if all of the following criteria are met:
(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;G.S. 20‑16.2.
(2) The person is charged
with that offense as provided in G.S. 20‑16.2(a);G.S. 20‑16.2(a).
(3) The law enforcement
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; andanalysis.
(4) The person:A judicial
official determines there is probable cause for the implied‑consent
offense charge.
a. Willfully refuses to submit to the chemical
analysis;
b. Has an alcohol concentration of 0.08 or more
within a relevant time after the driving;
c. Has an alcohol concentration of 0.04 or more at
any relevant time after the driving of a commercial motor vehicle; or
d. Has any alcohol concentration at any relevant
time after the driving and the person is under 21 years of age.
(b1) Precharge Test Results as
Basis for Revocation. – Notwithstanding the provisions of subsection (b), a
person's driver's license is subject to revocation under this section if:if
all of the following criteria are met:
(1) The person requests a
precharge chemical analysis pursuant to G.S. 20‑16.2(i); andG.S. 20‑16.2(i).
(2) The person has:
a. An alcohol concentration of 0.08 or more at any
relevant time after driving;
b. An alcohol concentration of 0.04 or more at any
relevant time after driving a commercial motor vehicle; or
c. Any alcohol concentration at any relevant time
after driving and the person is under 21 years of age; and
(3) The person is charged with an implied‑consent offense.
(4) A judicial official determines there is probable cause for the implied‑consent offense charge.
…
(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 criteria of
subsection (b) has or (b1) of this section has been met. If he
the judicial official determines that there is such probable cause, he
the judicial official 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 or her 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 or her right to a hearing as specified in
subsection (g), (g) of this section, and that his or her 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 period of
revocation is 30 days, if there are no pending offenses for which the person's
license had been or is revoked under this section. If at the time of the
current offense, the person has one or more pending offenses for which his or
her license had been or is revoked under this section, 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 or her license or demonstrate that he or she 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 law enforcement 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 Clerk of Court When Person Not Present. – When a clerk receives a
properly executed report under subdivision (d)(3) of this section and
the person named in the revocation report is not present before the clerk, the
clerk shall determine whether there is probable cause to believe that each of
the conditions criteria of subsection (b) has or (b1)
of this section has been met. For purposes of this subsection, a properly
executed report under subdivision (d)(3) of this section may include a
sworn statement by the law enforcement officer along with an affidavit received
directly by the Clerk clerk from the chemical analyst. If he the
clerk determines that there is such probable cause, he the clerk 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 or her license to the clerk or appear before the
clerk and demonstrate that he or she 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 or her right to a hearing as specified in
subsection (g), (g) of this section, 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 or her license to the clerk
or appear before the clerk to demonstrate that he or she is not
currently licensed, the clerk 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) of this section 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. If the person has no pending offenses for which his or
her license had been or is revoked under this section, the period of revocation
under this subsection is:is for any of the following:
(1) Thirty days from the time
the person surrenders his or her license to the court, if the surrender
occurs within five working days of the effective date of the order; ororder.
(2) Thirty days after the
person appears before the clerk and demonstrates that he or she is not
currently licensed to drive, if the appearance occurs within five working days
of the effective date of the revocation order; ororder.
(3) Forty‑five days
from the time:any of the following times:
a. The person's drivers
license is picked up by a law‑enforcement officer following service of a
pick‑up order; ororder.
b. The person demonstrates
to a law‑enforcement officer who has a pick‑up order for his or
her license that he or she is not currently licensed; orlicensed.
c. The person's drivers
license is surrendered to the court if the surrender occurs more than five
working days after the effective date of the revocation order; ororder.
d. The person appears before the clerk to demonstrate that he or she is not currently licensed, if he or she appears more than five working days after the effective date of the revocation order.
If at the time of the current offense,
the person has one or more pending offenses for which his or her license
had been or is revoked under this section, 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 or her right to a
hearing as specified in subsection (g), (g) of this section, 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 or she 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 before Magistrate
or Judge Clerk of Court 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 clerk or a magistrate designated by the clerk,
and may specifically request that the hearing be conducted by a district court
judge. clerk. The Administrative Office of the Courts must develop a
hearing request form for any person requesting a hearing. Unless a district
court judge is requested, the The hearing must be conducted within
the county by a magistrate assigned by the chief district court judge to
conduct such hearings. If the person requests that a district court judge hold
the hearing, the hearing must be conducted within the district court district
as defined in G.S. 7A‑133 by a district court judge assigned to conduct
such hearings. where the revocation was issued. If the clerk's office
issued the revocation order pursuant to subsection (f) of this section, then a
member of the clerk's office other than the clerk may hold the hearing. The
revocation remains in effect pending the hearing, but the hearing must be held
within three working 10 days following the request if the
hearing is before a magistrate or within five working days if the hearing is
before a district court judge. request. The request for the hearing
must specify the grounds upon criteria in subsection (b) or (b1) of
this section which the validity of the revocation is challenged person
claims were not met and the hearing must be limited to the grounds criteria
specified in the hearing request. A witness may submit his or her
evidence by affidavit unless he is subpoenaed to appear. or video.
Any person who appears and testifies in person or by video is
subject to questioning by the judicial official clerk conducting
the hearing, and the judicial official clerk may adjourn the
hearing to seek additional evidence if he or she 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 or her own
behalf. Unless contested by the person requesting the hearing, the judicial
official clerk may accept as true any matter stated in the
revocation report. If any relevant condition The clerk shall consider
any relevant information in any files or records concerning the person from the
Administrative Office of the Courts or the Division of Motor Vehicles. The
failure of the charging officer or chemical analyst to testify in person or by
video shall not be grounds to rescind the revocation. For any criteria under
subsection (b) is or (b1) of this section that are contested, the
judicial official clerk must find by the greater weight of the
evidence that the condition was met in order to sustain the revocation. At the
conclusion of the hearing the judicial official clerk must enter
an order sustaining or rescinding the revocation. The judicial official's clerk'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 criteria in
subsection (b) or (b1) of this section considered by the judicial
official. clerk. The decision of the judicial official clerk
is final and may not be appealed in the General Court of Justice. If the
hearing is not held and completed within three working 10 days of
the written request for a hearing before a magistrate or within five working
days of the written request for a hearing before a district court judge, hearing,
the judicial official clerk must enter an order rescinding
the revocation, 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 or she forfeits his or her right to a hearing.
…
(j) Costs. – Unless the
magistrate or judge orders the revocation rescinded, a person whose license is
revoked under this section must pay a fee of one two hundred fifty
dollars ($100.00) ($250.00) as costs for the action before
the person's license may be returned under subsection (h) of this section.
Fifty percent (50%) of the costs collected under this section shall be credited
to the General Fund. Twenty‑five percent (25%) of the costs collected
under this section shall be used to fund a statewide chemical alcohol impairment
testing program administered by the Injury Control Section Forensic
Tests for Alcohol Branch of the Chronic Disease and Injury Section of the
Department of Health and Human Services. The remaining twenty‑five
percent (25%) of the costs collected under this section shall be remitted to
the county for the sole purpose of reimbursing the county for jail expenses
incurred due to enforcement of the impaired driving laws.
…
(n) Exception for Revoked Licenses. –
Notwithstanding any other provision of this section, if the judicial official
required to issue a revocation order under this section determines that the
person whose license is subject to revocation under subsection (b):
(1) Has a currently revoked driver's license;
(2) Has no limited driving privilege; and
(3) Will not become eligible for restoration of his
license or for a limited driving privilege during the period of revocation
required by this section,
the judicial official need not
issue a revocation order under this section. In this event the judicial
official must file in the records of the civil proceeding a copy of any
documentary evidence and set out in writing all other evidence on which he
relies in making his determination.
…."
SECTION 3.(d) G.S. 20‑17(a)(2)b. reads as rewritten:
"b. Impaired driving
under G.S. 20‑138.2, if the driver's alcohol concentration level
was .06 or higher. For the purposes of this sub‑subdivision, the driver's
alcohol concentration level result, obtained by chemical analysis, shall be
conclusive and is not subject to modification by any party, with or without
approval by the court.G.S. 20‑138.2."
SECTION 3.(e) This section becomes effective December 1, 2026, and applies to offenses committed on or after that date.
PROVISIONS RELATING TO REDUCING UNNECESSARY MOTIONS IN COURT AND ALLOWING ORAL FLUID DRUG SCREENING TESTS
SECTION 4.(a) G.S. 20‑16.3 reads as rewritten:
"§ 20‑16.3. Alcohol and drug 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 or Drug 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 test, drug screening test, or an
alcohol screening test and a drug screening test, if the officer has:has
either of the following:
(1) Reasonable grounds to
believe that the driver has consumed alcohol alcohol, an impairing
substance other than alcohol, or alcohol and an impairing substance other than
alcohol, and has:has done either of the following:
a. Committed a moving
traffic violation; orviolation.
b. Been involved in an
accident or collision; orcollision.
(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 a test in accordance with this section does not in
itself constitute an arrest.
(b) Approval of Alcohol 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.
(b1) Approval of Oral Drug Screening Devices and Manner of Use. – The Department of Health and Human Services is directed to examine and approve oral fluid drug screening devices suitable for use by law‑enforcement officers to test drivers for the presence of impairing substances other than alcohol in oral fluids. For each device or class of devices approved, the Department must adopt regulations governing the manner of use of the device and the level of training required for officers who are authorized to use the device. 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 fact that a driver showed a positive or
negative result on an alcohol screening test, but not the actual alcohol
concentration result, result of an alcohol screening test, the type
of impaired substance present as shown by an oral fluid drug screening test, or
a driver's refusal to submit to a test may be used by a law‑enforcement
officer, is admissible in a court, or may also be used by an administrative
agency in determining if there are reasonable grounds for believing:or
probable cause to believe any of the following:
(1) That the driver has
committed an implied‑consent offense under G.S. 20‑16.2;
andG.S. 20‑16.2.
(2) That For an
alcohol screening test, that the driver had consumed alcohol and that the
driver had in his or her body 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.
(3) For an oral fluid drug screening test, that the driver had consumed one or more impairing substances other than alcohol and had in his or her body one or more previously consumed impairing substances other than alcohol."
SECTION 4.(b) G.S. 20‑138.7(d) reads as rewritten:
"(d) Alcohol Screening
Test. – Notwithstanding any other provision of law, an alcohol screening test
may be administered to a driver suspected of violating 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 Commission for Public Health, Department
of Health and Human Services, and the screening test is conducted in
accordance with the applicable regulations of the Commission Department
of Health and Human Services as to the manner of its use."
SECTION 4.(c) G.S. 15A‑534.2(d)(2) reads as rewritten:
"(2) For any purpose in
any proceeding if the test was not performed by a method approved by the Commission
for Public Health Department of Health and Human Services under
G.S. 20‑139.1 and by a person licensed to administer the test by the
Department of Health and Human Services."
SECTION 4.(d) This section becomes effective December 1, 2026, and applies to offenses committed on or after that date.
PROVISIONS RELATING TO PROHIBITING TRANSPORTATION NETWORK COMPANY (TNC) DRIVERS FROM DRIVING AFTER CONSUMING ALCOHOL AND PROVIDING FOR EDUCATION FOR TNC DRIVERS
SECTION 5.(a) G.S. 20‑17(a) is amended by adding a new subdivision to read:
"(13a) A second or subsequent conviction, as defined in G.S. 20‑138.2B(d), of driving a TNC service vehicle after consuming alcohol under G.S. 20‑138.2B."
SECTION 5.(b) G.S. 20‑138.2B reads as rewritten:
"§ 20‑138.2B. Operating a school bus, school activity
bus, child care vehicle, ambulance, other EMS vehicle, firefighting vehicle, or
law enforcement vehicle vehicle, or TNC service vehicle after
consuming alcohol.
(a) Offense. – A person
commits the offense of operating a school bus, school activity bus, child care
vehicle, ambulance, other emergency medical services vehicle, firefighting
vehicle, or law enforcement vehicle vehicle, or TNC service
vehicle after consuming alcohol if the person drives a school bus, school
activity bus, child care vehicle, ambulance, other emergency medical services
vehicle, firefighting vehicle, or law enforcement vehicle vehicle,
or TNC service vehicle 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. This section does not apply to law enforcement
officers acting in the course of, and within the scope of, their official
duties. For purposes of this section, the term "TNC service vehicle"
means a motor vehicle being operated for the purpose of providing a TNC
service, as that term is defined in G.S. 20‑280.1.
…."
SECTION 5.(c) G.S. 20‑280.6 reads as rewritten:
"§ 20‑280.6. Background checks.
(a) Prior to permitting an individual to act as a TNC driver, the transportation network company must do all of the following:
…
(4) Require the individual to agree in writing that the individual will not act as a TNC driver while consuming alcohol or at any time while the driver has remaining in the driver's body any alcohol or controlled substance previously consumed. This subdivision does not apply to any controlled substance that was lawfully obtained and taken in therapeutically appropriate amounts.
…
(c) The transportation network company must not permit an individual to act as a TNC driver if any of the following apply:
…
(2) Has been convicted within the past seven years of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, or a crime involving property damage, theft, acts of violence, or acts of terror.
(2a) Has been convicted within the past seven years of a second or subsequent conviction, as defined in G.S. 20‑138.2B(d), of driving a TNC service vehicle after consuming alcohol under G.S. 20‑138.2B.
…."
SECTION 5.(d) Transportation network companies (TNCs) shall notify all TNC drivers providing TNC services at the time of the effective date of this section of the requirement set forth in G.S. 20‑280.6(a)(4), as enacted by subsection (c) of this section. A TNC shall not permit an individual subject to this subsection to act as a TNC driver if the individual does not comply with the requirement set forth in G.S. 20‑280.6(a)(4) by no later than 12 months from the effective date of this section.
SECTION 5.(e) Subsection (b) of this section becomes effective December 1, 2026, and applies to offenses committed on or after that date. The remainder of this section becomes effective December 1, 2026.
PROVISIONS RELATED TO TRANSPARENCY IN COURT PROCEEDINGS INVOLVING IMPAIRED DRIVERS
SECTION 6.(a) G.S. 7A‑191.1 reads as rewritten:
"§ 7A‑191.1.
Recording of proceeding in which defendant pleads guilty or no contest to
felony in district court.
(a) The trial judge shall require that a true,
complete, and accurate record be made of the proceeding in which a defendant
pleads guilty or no contest to a Class H or I felony pursuant to G.S. 7A‑272.(i)
any hearing on an infraction conducted pursuant to Article 66 of Chapter 15A of
the General Statutes and (ii) any criminal trial proceeding, including pretrial
motions, pleas, plea bargains, an explanation required under G.S. 20‑138.4,
taking of evidence, sentencing hearings, posttrial motions, and requests for
limited driving privileges. A proceeding described in this subsection shall be
recorded, both video and audio, using electronic or other mechanical devices
provided by the Administrative Office of the Courts.
(b) It is the duty of the clerk of superior court, or another person designated by the clerk, to (i) operate the recording device described in subsection (a) of this section and (ii) preserve any recording produced by the device. Notwithstanding any provision of law to the contrary, making a recording produced in accordance with this section available online in a format that allows a person to view the recording and download or save the recording to his or her device is allowed and sufficient to comply with any provision of Chapter 132 of the General Statutes requiring access to public records. A proceeding described in subsection (a) of this section may be deleted in accordance with a retention schedule adopted and implemented by the Administrative Office of the Courts."
SECTION 6.(b) 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 name of the presiding judge and the attorneys representing the State and the defendant.
(b) In addition to the information required by subsection (a) of this section 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 pretrial dismissal by the court.
(2) The alcohol concentration reported by the charging officer or chemical analyst, if any.
(3) The reasons for any suppression of evidence.
(4) The disposition of the charge.
(c) In addition to the information required under subsections (a) and (b) of this section, for defendants sentenced pursuant to G.S. 20‑179, the clerk shall include in the electronic records (i) each grossly aggravating factor, aggravating factor, and mitigating factor found by the court and (ii) the level of punishment imposed by the court.
(d) The Administrative Office of the Courts shall publish an annual report no later than September 1 of each year on its website that includes the information required by this section for the fiscal year immediately preceding the date of the report. The report shall include statewide and countywide summaries of the number of charges, dispositions, sentencing factors, and sentencing levels. Additionally, for each county, the report shall include each type of charge filed and all of the information required by this section for each charge."
SECTION 6.(c) Section 33 of S.L. 2006‑253, as amended by Section 5 of S.L. 2007‑493, reads as rewritten:
"SECTION 33. Section 6
becomes effective August 21, 2006, and applies to hearings held on or after
that date. Sections 20.1, 20.2, and the requirement that the Administrative
Office of the Courts electronically record certain data contained in subsection
(c) of G.S. 20‑138.4, as amended by Section 19 of this act, become
effective after the next rewrite of the superior court clerks system by the
Administrative Office of the Courts. December 1, 2026. Section 22.4
becomes effective December 1, 2006. The remainder of this act becomes effective
December 1, 2006, and applies to offenses committed on or after that
date."
SECTION 6.(d) The first report required under G.S. 7A‑109.2(d), as enacted by subsection (b) of this section, shall include information from December 1, 2026, through June 30, 2027, and shall be published no later than September 1, 2027.
SECTION 6.(e) Subsections (a) and (b) of this section become effective December 1, 2026, and apply to any hearing, trial, or disposition of charges occurring on or after that date. The remainder of this section is effective when it becomes law.
PROVISIONS RELATED TO ALLOWING REPEAT OFFENDERS A METHOD TO PROVE THEIR SOBRIETY AND OBTAIN A LEGAL METHOD TO OPERATE A VEHICLE
SECTION 7.(a) G.S. 20‑19 is amended by adding a new subsection to read:
"(d1) Notwithstanding any other provision of law, when a person's license is revoked for an impaired driving offense and the person is sentenced pursuant to G.S. 20‑179, the Division may conditionally restore the person's license after it has been revoked for at least one year if the person (i) provides the Division with a certificate of graduation from a Drug Treatment or Driving While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of Chapter 7A of the General Statutes, (ii) successfully completes a Division‑approved driver improvement clinic described in G.S. 20‑16, and (iii) pays, in addition to any other applicable fees, a fee of twenty‑five dollars ($25.00). The twenty‑five dollar ($25.00) fee shall be deposited in the Highway Fund. If the Division restores the person's license, it shall place all of the following restrictions, requirements, and conditions on the person for the duration of the original revocation period:
(1) A requirement that all registered vehicles owned by that person be equipped with a functioning ignition interlock system in accordance with G.S. 20‑17.8(c1).
(2) A restriction that the person may operate only a motor vehicle equipped with a functioning ignition interlock system of a type approved by the Commissioner that is set to prohibit driving with an alcohol concentration of greater than 0.02.
(3) A requirement that the person personally activate the ignition interlock system before driving the motor vehicle.
In lieu of an ignition interlock system, the Division may impose a requirement that the person prove abstention from the consumption of alcohol by use of a continuous alcohol monitoring system approved under G.S. 15A‑1343.3. The provider of the continuous alcohol monitoring system shall send reports prepared in accordance with this subsection to the Division.
In addition, the Division may place other reasonable restrictions, requirements, and conditions on the person for the duration of the original revocation period."
SECTION 7.(b) This section becomes effective December 1, 2026.
REVISION RELATED TO THE OFFENSE OF AIDING OR ABETTING THE SALE TO OR PURCHASE BY UNDERAGE PERSONS OF ALCOHOLIC BEVERAGES
SECTION 8.(a) G.S. 18B‑302(c)(2) reads as rewritten:
"(2) By Person over Lawful
Age. – Any Except as otherwise provided in this subdivision, any person
who is over the lawful age to purchase and who aids or abets another in
violation of subsection (a), (a1), or (b) of this section is guilty of a Class
1 misdemeanor. Any person who is over the lawful age to purchase and who
aids or abets a person under the lawful age to purchase in violation of
subsection (a), (a1), or (b) of this section is guilty of a Class F felony if the
person under the lawful age to purchase consumed the alcoholic beverage involved
in the violation and serious bodily injury to the person under lawful age or
another results that was proximately caused by the consumption of the alcoholic
beverage. For purposes of this subdivision, the term "serious bodily
injury" is as defined in G.S. 14‑32.4."
SECTION 8.(b) G.S. 18B‑302.1(b) reads as rewritten:
"(b) A violation of
G.S. 18B‑302(c)(2) is either a Class 1 misdemeanor. misdemeanor
or a Class F felony. Notwithstanding the provisions of G.S. 15A‑1340.23,
if the court imposes a sentence that does not include an active punishment, the
court must include among the conditions of probation a requirement that the
person pay a fine of at least five hundred dollars ($500.00) as authorized by
G.S. 15A‑1343(b)(9) and a requirement that the person complete at
least 25 hours of community service, as authorized by G.S. 15A‑1343(b1)(6).
If the person has a previous conviction of this offense in the four years
immediately preceding the date of the current offense, and the court imposes a
sentence that does not include an active punishment, the court must include
among the conditions of probation a requirement that the person pay a fine of
at least one thousand dollars ($1,000) as authorized by G.S. 15A‑1343(b)(9)
and a requirement that the person complete at least 150 hours of community
service, as authorized by G.S. 15A‑1343(b1)(6)."
SECTION 8.(c) This section becomes effective December 1, 2026, and applies to offenses committed on or after that date.
SEVERABILITY CLAUSE, CRIMINAL SAVINGS CLAUSE, AND EFFECTIVE DATE
SECTION 9.(a) If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.
SECTION 9.(b) Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.
SECTION 9.(c) Except as otherwise provided, this act is effective when it becomes law.