Bill Text: NC H536 | 2013-2014 | Regular Session | Amended
Bill Title: Ignition Interlock Req'd/All DWIs
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-30 - Re-ref Com On Appropriations [H536 Detail]
Download: North_Carolina-2013-H536-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 1
HOUSE BILL 536
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Short Title: Ignition Interlock Req'd/All DWIs. |
(Public) |
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Sponsors: |
Representatives Faircloth, Jordan, and Jackson (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Judiciary, if favorable, Finance, if favorable, Appropriations. |
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April 4, 2013
A BILL TO BE ENTITLED
AN ACT to require anyone who is convicted of driving while impaired, driving AFTER CONSUMING alcohol being less than twenty‑one years of age, or any other impaired driving offense, or any person who refuses a chemical analysis, to have an ignition interlock system installed on every vehicle that person may drive before that person can get a limited driving PRIVILEGE; to provide that a person who applies for limited driving privileges waives his or her right to certain hearings to contest the validity of the revocation; and to provide for the payment of an administrative fee and costs associated with an ignition interlock system and create an Ignition Interlock Device Fund to assist indigent persons.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑16.2(c1) reads as rewritten:
"(c1) Procedure for Reporting Results and Refusal to
Division. – Whenever a person refuses to submit to a chemical analysis, a
person has an alcohol concentration of 0.150.08 or more, 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
law enforcement 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."
SECTION 2. G.S. 20‑16.2(d) reads as rewritten:
"(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.Division or applies for limited driving privileges
pursuant to subsection (e1) of this section. A person who chooses to apply for
limited driving privileges pursuant to subsection (e1) of this section instead
of requesting a hearing before the Division waives his or her right to a
hearing before the Division. Except for the time referred to in G.S. 20‑16.5,
if the person requests in writing a hearing before the Division and 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,hearing or applies for
limited driving privileges pursuant to subsection (e1) of this section before
the effective date of the order, 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.hearing, or the person withdraws his or her
application for limited driving privileges. 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."
SECTION 3. G.S. 20‑16.2(e1) reads as rewritten:
"(e1) Limited Driving Privilege after Six Months
in Certain Instances. – A person whose driver's license has been revoked under
this section may apply for and a judge authorized to do so by this subsection
may issue a limited driving privilege if:if all of the following
requirements are met:
(1) At the time of the refusal the person held either a
valid drivers license or a license that had been expired for less than one year;year.
(2) At the time of the refusal, the person
had not within the preceding seven years been convicted of an offense involving
impaired driving;
(3) At the time of the refusal, the person
had not in the preceding seven years willfully refused to submit to a chemical
analysis under this section;
(4) The implied consent offense charged did not involve
death or critical injury to another person;person.
(5) The underlying charge for which the defendant was requested to submit to a chemical analysis has been finally disposed of:
a. Other than by conviction; or
b. By a conviction of impaired driving under G.S. 20‑138.1, at a punishment level authorizing issuance of a limited driving privilege under G.S. 20‑179.3(b), and the defendant has complied with at least one of the mandatory conditions of probation listed for the punishment level under which the defendant was sentenced;
(6) Subsequent to the refusal the person has had no
unresolved pending charges for or additional convictions of an offense
involving impaired driving;driving.
(7) The person's license has been revoked for
at least six months for the refusal; and
(8) The person has obtained a substance abuse assessment from a mental health facility and successfully completed any recommended training or treatment program.
(9) All vehicles that the person will be authorized to drive have been equipped with a type of ignition interlock system approved by the Commissioner.
(10) The person applied for limited driving privileges under this subsection before the effective date of the revocation order issued pursuant to this section.
Except as modified in this subsection, the provisions of G.S. 20‑179.3 relating to the procedure for application and conduct of the hearing and the restrictions required or authorized to be included in the limited driving privilege apply to applications under this subsection. If the case was finally disposed of in the district court, the hearing shall be conducted in the district court district as defined in G.S. 7A‑133 in which the refusal occurred by a district court judge. If the case was finally disposed of in the superior court, the hearing shall be conducted in the superior court district or set of districts as defined in G.S. 7A‑41.1 in which the refusal occurred by a superior court judge. A limited driving privilege issued under this section authorizes a person to drive if the person's license is revoked solely under this section or solely under this section and G.S. 20‑17(2). If the person's license is revoked for any other reason, the limited driving privilege is invalid."
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.
…
(g) Hearing before Magistrate or Judge 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.revocation
or apply for limited driving privileges pursuant to subsection (p) of this
section. A person who chooses to apply for limited driving privileges pursuant
to subsection (p) of this section instead of requesting a hearing under this
subsection (i) must apply for limited driving privileges within 10 days of the
effective date of the revocation and (ii) waives his or her right to a hearing under
this subsection to contest the validity of the revocation. The request for
a hearing to contest the validity of the revocation 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.
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 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. The revocation remains
in effect pending the hearing, but the hearing must be held within three
working 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. The request
for the hearing must 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 judicial official conducting the hearing, and the judicial
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 judicial
official may accept as true any matter stated in the revocation report. If any
relevant condition under subsection (b) is contested, the judicial 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 judicial
official must enter an order sustaining or rescinding the revocation. The
judicial 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 judicial official. The decision of the judicial official
is final and may not be appealed in the General Court of Justice. If the
hearing is not held and completed within three working 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, the judicial
official 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 forfeits his right
to a hearing.
…
(p) Limited Driving Privilege. – A person whose
drivers license has been revoked for a specified period of 30 or 45 days under
this section may apply for a limited driving privilege if:if all of
the following requirements are met:
(1) At the time of the alleged offense the person held
either a valid drivers license or a license that had been expired for less than
one year;year.
(2) 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;section.
(3) The person's license has been revoked for
at least 10 days if the revocation is for 30 days or 30 days if the revocation
is for 45 days; and
(4) The person has obtained a substance abuse assessment from a mental health facility and registers for and agrees to participate in any recommended training or treatment program.
(5) All vehicles that the person will be authorized to drive have been equipped with a type of ignition interlock system approved by the Commissioner.
(6) The person applied for limited driving privileges under this subsection within 10 days of the effective date of the revocation order issued pursuant to this section.
A person whose license has been indefinitely revoked under
this section may, after completion of 30 days under subsection (e) or the
applicable period of time under subdivision (1), (2), or (3) of subsection (f),
apply for a limited driving privilege. In the case of an indefinite revocation,
a judge of the division in which the current offense is pending may issue the
limited driving privilege only if the privilege is necessary to overcome
undue hardship and the person meets the eligibility requirements of G.S. 20‑179.3,
except that the requirements in G.S. 20‑179.3(b)(1)c. and G.S. 20‑179.3(e)
shall not apply. Except as modified in this subsection, the provisions of G.S. 20‑179.3
relating to the procedure for application and conduct of the hearing and the
restrictions required or authorized to be included in the limited driving
privilege apply to applications under this subsection. Any district court judge
authorized to hold court in the judicial district is authorized to issue such a
limited driving privilege. A limited driving privilege issued under this
section authorizes a person to drive if the person's license is revoked solely
under this section. If the person's license is revoked for any other reason,
the limited driving privilege is invalid."
SECTION 5. G.S. 20‑17.8 reads as rewritten:
"§ 20‑17.8. Restoration of a license after certain driving while impaired convictions; ignition interlock.
(a) Scope. – This section applies to a person whose license was revoked as a result of a conviction of driving while impaired, G.S. 20‑138.1, and:
(1) The person had an alcohol concentration of 0.15
or more;0.08 or more or refused to submit to a chemical analysis;
(2) The person has been convicted of another offense involving impaired driving, which offense occurred within seven years immediately preceding the date of the offense for which the person's license has been revoked; or
(3) The person was sentenced pursuant to G.S. 20‑179(f3).
For purposes of subdivision (1) of this subsection, the results of a chemical analysis, as shown by an affidavit or affidavits executed pursuant to G.S. 20‑16.2(c1), shall be used by the Division to determine that person's alcohol concentration.
(a1) Additional Scope. – This section applies to a person whose license was revoked as a result of a conviction of habitual impaired driving, G.S. 20‑138.5.
(a2) Under Age 21. – The provisions of this section apply to a person whose license was revoked as the result of a conviction of driving by a person less than 21 years old after consuming alcohol pursuant to G.S. 20‑138.3.
(b) Ignition Interlock Required. – Except as provided in subsection (l) of this section, when the Division restores the license of a person who is subject to this section, in addition to any other restriction or condition, it shall require the person to agree to and shall indicate on the person's drivers license the following restrictions for the period designated in subsection (c):
(1) A restriction that the person may operate only a vehicle that is equipped with a functioning ignition interlock system of a type approved by the Commissioner. The Commissioner shall not unreasonably withhold approval of an ignition interlock system and shall consult with the Division of Purchase and Contract in the Department of Administration to ensure that potential vendors are not discriminated against.
(2) A requirement that the person personally activate the ignition interlock system before driving the motor vehicle.
(3) An alcohol concentration restriction as follows:
a. If the ignition interlock system is required pursuant only to subdivision (a)(1) of this section, a requirement that the person not drive with an alcohol concentration of 0.04 or greater;
b. If the ignition interlock system is required
pursuant to subdivision (a)(2) or (a)(3) of this section, or subsection (a1) of
this section, a requirement that the person not drive with an alcohol
concentration of greater than 0.00; or0.02;
c. If the ignition interlock system is required
pursuant to subdivision (a)(1) of this section, and the person has also been
convicted, based on the same set of circumstances, of: (i) driving while
impaired in a commercial vehicle, G.S. 20‑138.2, (ii) driving while
less than 21 years old after consuming alcohol or drugs, G.S. 20‑138.3,
(iii) a violation of G.S. 20‑141.4, or (iv) manslaughter or
negligent homicide resulting from the operation of a motor vehicle when the
offense involved impaired driving, a requirement that the person not drive with
an alcohol concentration of greater than 0.00.0.02; or
d. If the ignition interlock system is required pursuant to subsection (a2) of this section, a requirement that the person not drive with an alcohol concentration greater than 0.02.
(c) Length of Requirement. – The requirements of subsection (b) shall remain in effect for:
(1) One year from the date of restoration if the original revocation period was one year;
(2) Three years from the date of restoration if the original revocation period was four years; or
(3) Seven years from the date of restoration if the original revocation was a permanent revocation.
(c1) Vehicles Subject to Requirement. – A person subject to this section shall have all registered vehicles owned by that person equipped with a functioning ignition interlock system of a type approved by the Commissioner, unless the Division determines that one or more specific registered vehicles owned by that person are relied upon by another member of that person's family for transportation and that the vehicle is not in the possession of the person subject to this section.
(d) Effect of Limited Driving Privileges. – If the person was eligible for and received a limited driving privilege under G.S. 20‑179.3, with the ignition interlock requirement contained in G.S. 20‑179.3(g5), the period of time for which that limited driving privilege was held shall be applied towards the requirements of subsection (c).
(e) Notice of Requirement. – When a court reports to the Division a conviction of a person who is subject to this section, the Division must send the person written notice of the requirements of this section and of the consequences of failing to comply with these requirements. The notification must include a statement that the person may contact the Division for information on obtaining and having installed an ignition interlock system of a type approved by the Commissioner.
(e1) Installation of Ignition Interlock System. – The Division shall not issue a drivers license with an ignition interlock restriction unless the applicant presents proof, satisfactory to the Division, that an approved ignition interlock system has been installed on all vehicles subject to the ignition interlock requirements of subsection (c1) of this section.
(e2) Disabling or Removing of Ignition Interlock System. – If an ignition interlock system is disabled or removed from a vehicle in which it is required to be installed pursuant to subsection (c1) of this section, the Division shall revoke the drivers license of the person subject to the provisions of this section and shall provide notice in accordance with G.S. 20‑48.
(f) Effect of Violation of Restriction. – A person subject to this section who violates any of the restrictions of this section commits the offense of driving while license revoked under G.S. 20‑28(a) and is subject to punishment and license revocation as provided in that section. If a law enforcement officer has reasonable grounds to believe that a person subject to this section has consumed alcohol while driving or has driven while he has remaining in his body any alcohol previously consumed, the suspected offense of driving while license is revoked is an alcohol‑related offense subject to the implied‑consent provisions of G.S. 20‑16.2. If a person subject to this section is charged with driving while license revoked by violating a condition of subsection (b) of this section, and a judicial official determines that there is probable cause for the charge, the person's license is suspended pending the resolution of the case, and the judicial official must require the person to surrender the license. The judicial official must also notify the person that he is not entitled to drive until his case is resolved. An alcohol concentration report from the ignition interlock system shall not be admissible as evidence of driving while license revoked, nor shall it be admissible in an administrative revocation proceeding as provided in subsection (g) of this section, unless the person operated a vehicle when the ignition interlock system indicated an alcohol concentration in violation of the restriction placed upon the person by subdivision (b)(3) of this section. If a person subject to this section is charged with driving while license revoked by violating the requirements of subsection (c1) of this section, and no other violation of this section is alleged, the court may make a determination at the hearing of the case that the vehicle, on which the ignition interlock system was not installed, was relied upon by another member of that person's family for transportation and that the vehicle was not in the possession of the person subject to this section, and therefore the vehicle was not required to be equipped with a functioning ignition interlock system. If the court determines that the vehicle was not required to be equipped with a functioning ignition interlock system and the person subject to this section has committed no other violation of this section, the court shall find the person not guilty of driving while license revoked.
(g) Effect of Violation of Restriction When Driving While License Revoked Not Charged. – A person subject to this section who violates any of the restrictions of this section, or who disables or removes an ignition interlock system required by this section, but is not charged or convicted of driving while license revoked pursuant to G.S. 20‑28(a), shall have the person's license revoked by the Division for a period of one year.
(h) Beginning of Revocation Period. – If the original period of revocation was imposed pursuant to G.S. 20‑19(d) or (e), any remaining period of the original revocation, prior to its reduction, shall be reinstated and the revocation required by subsection (f) or (g) of this section begins after all other periods of revocation have terminated.
(i) Notification of Revocation. – If the person's license has not already been surrendered to the court, the Division must expeditiously notify the person that the person's license to drive is revoked pursuant to subsection (f) or (g) of this section effective on the tenth calendar day after the mailing of the revocation order.
(j) Right to Hearing Before Division; Issues. – If the person's license is revoked pursuant to subsection (g) of this section, before the effective date of the order issued under subsection (i) of this section, the person may request 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 the person's 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 revocation period required by subsection (g) of this section. If the person properly requests a hearing, the person retains the person's 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 must be conducted in the county where the charge was brought, and must be limited to consideration of whether:
(1) The drivers license of the person had an ignition interlock requirement; and
(2) The person:
a. Was driving a vehicle that was not equipped with a
functioning ignition interlock system; orsystem;
b. Did not personally activate the ignition interlock
system before driving the vehicle; orvehicle;
c. Drove the vehicle in violation of an applicable
alcohol concentration restriction prescribed by subdivision (b)(3) of this section.section;
or
d. Allowed an ignition interlock system required by this section to be disabled or removed.
If the Division finds that the conditions specified in this subsection are met, it must order the revocation sustained. If the Division finds that the condition of subdivision (1) is not met, or that none of the conditions of subdivision (2) are met, it must rescind the revocation. If the revocation is sustained, the person must surrender the person's license immediately upon notification by the Division. If the revocation is sustained, the person may appeal the decision of the Division pursuant to G.S. 20‑25.
(k) Restoration After Violation. – When the Division restores the license of a person whose license was revoked pursuant to subsection (f) or (g) of this section and the revocation occurred prior to completion of time period required by subsection (c) of this section, in addition to any other restriction or condition, it shall require the person to comply with the conditions of subsection (b) of this section until the person has complied with those conditions for the cumulative period of time as set forth in subsection (c) of this section. The period of time for which the person successfully complied with subsection (b) of this section prior to revocation pursuant to subsection (f) or (g) of this section shall be applied towards the requirements of subsection (c) of this section.
(l) Medical Exception to Requirement. – A person subject to this section who has a medically diagnosed physical condition that makes the person incapable of personally activating an ignition interlock system may request an exception to the requirements of this section from the Division. The Division shall not issue an exception to this section unless the person has submitted to a physical examination by two or more physicians or surgeons duly licensed to practice medicine in this State or in any other state of the United States and unless such examining physicians or surgeons have completed and signed a certificate in the form prescribed by the Division. Such certificate shall be devised by the Commissioner with the advice of those qualified experts in the field of diagnosing and treating physical disorders that the Commissioner may select and shall be designed to elicit the maximum medical information necessary to aid in determining whether or not the person is capable of personally activating an ignition interlock system. The certificate shall contain a waiver of privilege and the recommendation of the examining physician to the Commissioner as to whether the person is capable of personally activating an ignition interlock system.
The Commissioner is not bound by the recommendations of the examining physicians but shall give fair consideration to such recommendations in acting upon the request for medical exception, the criterion being whether or not, upon all the evidence, it appears that the person is in fact incapable of personally activating an ignition interlock system. The burden of proof of such fact is upon the person seeking the exception.
Whenever an exception is denied by the Commissioner, such denial may be reviewed by a reviewing board upon written request of the person seeking the exception filed with the Division within 10 days after receipt of such denial. The composition, procedures, and review of the reviewing board shall be as provided in G.S. 20‑9(g)(4)."
SECTION 6. G.S. 20‑138.3(d) is amended by adding a new subdivision to read:
"(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. 20‑179.3. This subsection shall apply only if the person meets both of the following requirements:
(1) Is 18, 19, or 20 years old on the date of the offense.
(2) Has not previously been convicted of a violation of this section.
(3) Has equipped all vehicles to be operated under a limited driving privilege with approved ignition interlock systems.
The judge may issue the limited driving privilege only if the person meets the eligibility requirements of G.S. 20‑179.3, other than the requirement in G.S. 20‑179.3(b)(1)c. G.S. 20‑179.3(e) shall not apply. All other terms, conditions, and restrictions provided for in G.S. 20‑179.3 shall apply. G.S. 20‑179.3, rather than this subsection, governs the issuance of a limited driving privilege to a person who is convicted of violating subsection (a) of this section and of driving while impaired as a result of the same transaction."
SECTION 7. G.S. 20‑179.3(b) reads as rewritten:
"(b) Eligibility. –
(1) A person convicted of the offense of impaired driving under G.S. 20‑138.1 is eligible for a limited driving privilege if:
a. At the time of the offense he held either a valid
driver's license or a license that had been expired for less than one year;year.
b. At the time of the offense he had not within the
preceding seven years been convicted of an offense involving impaired driving;driving.
c. Punishment Level Three, Four, or Five was imposed
for the offense of impaired driving;driving.
d. Subsequent to the offense he has not been convicted
of, or had an unresolved charge lodged against him for, an offense involving
impaired driving; anddriving.
e. The person has obtained and filed with the court a substance abuse assessment of the type required by G.S. 20‑17.6 for the restoration of a drivers license.
f. The person has installed an approved ignition interlock system on all vehicles subject to ignition interlock requirements to be operated by the applicant under a limited driving privilege.
A person whose North Carolina driver's license is revoked because of a conviction in another jurisdiction substantially similar to impaired driving under G.S. 20‑138.1 is eligible for a limited driving privilege if he would be eligible for it had the conviction occurred in North Carolina. Eligibility for a limited driving privilege following a revocation under G.S. 20‑16.2(d) is governed by G.S. 20‑16.2(e1)."
SECTION 8. G.S. 20‑179.3(g5) reads as rewritten:
"(g5) Ignition Interlock Required. – If a person's
drivers license is revoked for a conviction of G.S. 20‑138.1, and
the person had an alcohol concentration of 0.150.08 or more, or
refused to submit to a chemical analysis, a judge shall include all of the
following in a limited driving privilege order:
(1) A restriction that the applicant may operate only a designated motor vehicle.
(2) A requirement that the designated motor vehicle be
equipped with a functioning ignition interlock system of a type approved by the
Commissioner, which is set to prohibit driving with an alcohol concentration of
greater than 0.00.0.02. The Commissioner shall not unreasonably
withhold approval of an ignition interlock system and shall consult with the
Division of Purchase and Contract in the Department of Administration to ensure
that potential vendors are not discriminated against.
(3) A requirement that the applicant personally activate the ignition interlock system before driving the motor vehicle.
For purposes of this subsection, the results of a chemical analysis presented at trial or sentencing shall be sufficient to prove a person's alcohol concentration, shall be conclusive, and shall not be subject to modification by any party, with or without approval by the court."
SECTION 9. Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑179.5. Ignition interlock; administrative fee and costs for installation and monitoring; Ignition Interlock Device Fund.
(a) The costs incurred in order to comply with the ignition interlock requirements imposed by the court pursuant to this Article, including costs for installation and monitoring of the ignition interlock system, shall be paid by the person ordered to install the system. The person also shall pay an ignition interlock administrative fee, in an amount which shall be determined by the Division and which shall be not less than thirty dollars ($30.00) nor more than sixty dollars ($60.00). The administrative fee shall be collected at the time of installation by the vendor installing the ignition interlock system. Costs for installation and monitoring of the ignition interlock system shall be collected under terms agreed upon by the vendor and the person required to install the ignition interlock system.
(b) The vendor shall remit fees collected pursuant to subsection (a) of this section to the Division on a quarterly basis. Fifty percent (50%) of the fees collected shall be used to pay costs incurred by the Division in administering the interlock program; the remaining fifty percent (50%) of the fees shall be deposited in the Ignition Interlock Device Fund.
(c) There is created in the Department of Transportation the Ignition Interlock Device Fund to be used for the purpose of installing and removing the ignition interlock systems of persons deemed by the court to be indigent. If the court determines that the convicted person is unable to pay for the installation of an ignition interlock system, the court may order that the Division pay the cost of installation out of the Ignition Interlock Device Fund, provided the person agrees to pay the required costs for monitoring the system."
SECTION 10. This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.
