Bill Text: NC H658 | 2013-2014 | Regular Session | Amended
Bill Title: Use Actual Alcohol Concentration Result
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2013-04-10 - Ref to the Com on Transportation, if favorable, Judiciary [H658 Detail]
Download: North_Carolina-2013-H658-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 1
HOUSE BILL 658
Short Title: Use Actual Alcohol Concentration Result. |
(Public) |
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Sponsors: |
Representatives McNeill, Jones, and S. Ross (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Transportation, if favorable, Judiciary. |
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April 10, 2013
A BILL TO BE ENTITLED
AN ACT to provide that the actual concentration results of an alcohol screening test may be used for determining if there are reasonable grounds for believing a driver consumed alcohol or committed an implied consent offense.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑16.3(d) reads as rewritten:
"(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 theThe actual alcohol concentration result,result
of an alcohol screening test or a driver's refusal to submit 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:
(1) That the driver has committed an implied‑consent offense under G.S. 20‑16.2; and
(2) That the driver had consumed alcohol and that the
driver had in his or her body previously consumed alcohol, but not to prove
a particular alcohol concentration.alcohol. 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."
SECTION 2. This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.