NC DWI Laws and Administrative Codes

Here are some of the laws and codes related to DWI while driving in North Carolina:

NCGS 20-138.1 is narrated driving. "Driving" (which means, it works) is a crime on any vehicle, on any street or on any public vehicle in North Carolina.

While under the influence of a substance impaired; or (an appreciable impairment caused by alcohol or any other substance)

After driving, when the corresponding alcohol consumption has an alcohol concentration of 0.08 or greater. The result of a chemical analysis will be sufficient evidence to prove the person and alcohol concentration; or any Schedule I substance, GS 90-89, or its metabolites in the blood or urine. (Opiates, whether prescribed or not)

NCGS 20-138.2 is a statute of the Guided Trade Advisory Board. Instead of A.08, it only requires showing a blood-alcohol concentration (BAC) while working a commercial vehicle.

NCGS 20-138.3 is a Statute to drive temporary impairment to persons under 21 years of age. One person can be charged for a standard DWI and a temporary DWI. If the odor is not sufficient, allow the driver to blow on the machine and fail. North Carolina has a zero tolerance rule, which means it can cause alcohol consumption after driving.

NCGS 20-138.4 effectively complicates, if not impossible, reducing DWI load in most parts of North Carolina. That's because this provision requires the prosecutor to reduce the burden on his boss – the elected district attorney – to file a full report to the court system and the district administration office.

NCGS 20-179 governs the second or subsequent conviction under 20-138.1, 20-138.2 or 20-138.2A or 20-138.2B (North Carolina & # 39; s Commercial Buses or Commercial Vehicle Operations). As has been described elsewhere in this site, there are specified aggravating, aggravating and mitigating factors that may be used in this section, as well as six levels of punishment, and possible charges, fines and prison terms. imposed.

Company NCGS 20-139.1 North Carolina & # 39; s lays down procedures for chemical testing under the laws of a licensed permit. It requires the chemical examination of implied consent, including the reporting of such rights to a person (and providing a written list of rights, and allowing a waiting period before breathing or blood testing.) Types of analysis – breath and blood, although I have never used urine The section also examines the admissibility of results (or waiver of examination) and provides time limits for the defense to oppose it after being notified.

NCGS 20-16.2 is commonly read in conjunction with NCGS 20-139.1 in North Carolina & # 39; s to implement the provisions of the implied consent. This section is for the driver & # 39; It has an obligation to produce the sample if it implicitly uploads a criminal license, & # 39; s waive hearing rights if the agent has denied the person and believes the right is limited. At a hearing in the Supreme Court, if the DMV Refusal Court decides against the driver and revokes the license for one year for refusing to submit the sample.

NCGS 20-19 is a general statute authorizing the suspension or revocation of licenses for the Motor Vehicle Division (DMV), as well as committing offenses involving consent, and refusing to take advantage of a transgender offense or conducting a chemical analysis. In addition, this section instructs the DMV to reinstate license restrictions once a person has not had a time limit of .04 or more in the BAC after driving privileges are recovered after a DWI conviction.

NCGS creates a 20-141.4 felony (vehicle death felony) in a vehicle that intentionally causes the death of another person, while conducting narcissistic driving, and DWI was the proximate cause of death. The section also creates add-ons where serious injuries result from a DWI offense.

20-138.5 NCGS creates a crime where the person has been convicted of three (or more) criminal offenses in the 10 years prior to the offense.

The NCGS 20-17.6 government will restore the DMV license, while under investigation (DWI) for conviction for driving or driving while under the age of 21 after using drugs or alcohol. In essence, the Motor Vehicle Division will need to receive a certificate of completion of alcohol treatment.

NCGS 20-17.8 regulates the imposition of an interlock device (BAC a.15 or higher) and restoration of driving privileges after a DWI with an interlock device.

NCGS 20-16.3 allows an officer to request a preliminary or portable breath test (PBT) before a permit is arrested, but after stopping the car and there are reasons to believe the driver has consumed alcohol. If the driver refuses this hand-held breath test, the driver can be waived in court (although his license has not been canceled due to being sent to PBT).

NCGS 20-28.2 and NCGS 20-28.3 allow the state to drive a person (through a civil configuration process) to a driver who has previously DWI convicted and whose license was revoked or where the person was driving. suspended / revoked or without a license and had no insurance at the time of DWI, even though it was the first DWI. This section describes the download process, as well as the defenses available to "innocent owners" who are not interested in the vehicle (such as a parent or spouse) and the driver. violation of the law.

NCGS 20-16.3A authorizes North Carolina law enforcement agencies to implement roadblocks, "in accordance with a written policy (which does not mean writing).

NCGS 20-28.9 grants the Department of Public Instruction the power to repossess, store and sell vehicles seized under a DWI offense.

NCGS 20-16.5 Civil Reversal arises, in the offense of implied consent, BAC & # 39; the person was old enough or that person refused. Civil denial is usually 30 days, but may take longer. This section also sets out the guidelines for someone's limited driving privileges during the civil revocation period.

NCGS 20-23.2 states that North Carolina in federal court will recognize a conviction of DWI or impaired driving as if an offense had been convicted in state court.

20-179.3 NCGS authorizes private driving licenses in some DWI cases, with or without an interconnection device (BAC a.15 or higher) and for certain purposes only.

20-17.3 An NCGS person revokes a license to purchase or attempt alcoholic beverages for any minor.

NCGS 20-36 imposes a ten-year limit on how long DMVs can deny prior convictions or implied permissions (except for commercial vehicle licensees).

NCGS 122C? 142.1 sets out the requirements for agencies to assess substance abuse, including requirements for different levels of treatment. For example, if a person does not have a prior DWI, does not shoot a.15 or above and is not subject to substance abuse, the treatment facility must impose ADETS, the lowest level of treatment.

10A NCAC 41B are the standards set by the North Carolina Department of Health and Human Services, and Intox EC / IR II (and other metering devices) and roadblocking devices (PBTs) used by road officers.

NCGS 17C-10 requires that all "law enforcement officers" (law enforcement officers) complete basic law enforcement training (BLET) in order to be certified as a law enforcement officer in North Carolina. The BLET is issued by the North Carolina Criminal Justice Education and Training Standards Committee and includes standardized field testing by the Highway Safety Administration (NHTSA). Occasionally, North Carolina judges will say that NHTSA is not a law. This is only partially true. Since BLET takes over SFTS from NHTSA with its virtual integrity, NHTSA & # 39; s SFSTs are effective in North Carolina law.

NCGS 15A-534.2 is a pre-trial liberty statute that permits the magistrate to release an inmate and there is not enough person available to release him.