GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    1

HOUSE BILL 658

 

 

Short Title:        Use Actual Alcohol Concentration Result.		(Public)
Sponsors:	Representatives McNeill, Jones, and S. Ross (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Transportation, if favorable, Judiciary.

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.