DWI SENTENCING/MITIGATING FACTORS.

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View NCGA Bill Details2023-2024 Session
House Bill 211 (Public) Filed Monday, February 27, 2023
AN ACT TO AMEND THE MITIGATING FACTORS CONSIDERED IN IMPAIRED DRIVING SENTENCING TO PROVIDE THAT IMPAIRED DRIVING RESULTING FROM CONSUMPTION OF ALCOHOL IS JUST AS DANGEROUS AS IMPAIRED DRIVING RESULTING FROM OTHER IMPAIRED SUBSTANCES.
Intro. by Clampitt.

Status: Re-ref to the Com on Judiciary 1, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House (House action) (Jun 22 2023)
H 211

Bill Summaries:

  • Summary date: Feb 27 2023 - View Summary

    Amends GS 20-179(e), eliminating from the mitigating factors judges are required to consider in driving while impaired sentencing: (1) slight impairment of the defendant's faculties resulting solely from alcohol and an alcohol concentration that did not exceed 0.09 at any relevant time after the driving; and (2) slight impairment of the defendant's faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant. Applies to offenses committed on or after December 1, 2023.