Bill Text: NC S178 | 2017-2018 | Regular Session | Introduced
Bill Title: Ltd. Driving/Remove Wait for First Offense
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-03-06 - Ref To Com On Rules and Operations of the Senate [S178 Detail]
Download: North_Carolina-2017-S178-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S D
SENATE BILL DRS45003-ML-29A (12/22)
Short Title: Ltd. Driving/Remove Wait for First Offense. |
(Public) |
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Sponsors: |
Senator D. Davis (Primary Sponsor). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to remove the forty‑five‑day period a person convicted of a first impaired driving offense with an alcohol concentration of 0.15 or above must wait prior to limited driving privileges becoming effective.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑179.3 reads as rewritten:
"§ 20‑179.3. Limited driving privilege.
...
(c1) Privilege Restrictions
for High‑Risk Drivers. – Notwithstanding any other provision of this
section, any limited driving privilege issued to a person convicted of an
impaired driving offense with an alcohol concentration of 0.15 or more at the
time of the offense shall:
(1) Not become effective until at least 45 days
after the final conviction under G.S. 20‑138.1;
(2) Require shall (i) require the
applicant to comply with the ignition interlock requirements of subsection (g5)
of this section; and
(3) Restrict section and (ii) restrict the
applicant to driving only to and from the applicant's place of employment, the
place the applicant is enrolled in school, the applicant's place of religious
worship, any court ordered treatment or substance abuse education, and any
ignition interlock service facility. In addition, if the person was
convicted of a prior offense involving impaired driving, any limited driving
privilege issued shall not become effective until at least 45 days after the
final conviction under G.S. 20‑138.1. Nothing in this subsection
shall be construed as authorizing the issuance of a limited driving privilege
to a person otherwise ineligible under this section.
(c2) Use of Chemical Analysis Results. – For
purposes of this subsection, subsection (c1) of this section, 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 2. This act becomes effective December 1, 2017, and applies to limited driving privileges issued on or after that date.