REVISE USE OF ALCOHOL CONCENTRATION RESULT.

View NCGA Bill Details2021
House Bill 26 (Public) Filed Thursday, January 28, 2021
AN ACT TO REDUCE THE NUMBER OF UNNECESSARY MOTIONS IN DISTRICT COURT BY ALLOWING THE JUDGE TO KNOW AND USE THE ALCOHOL CONCENTRATION RESULT OF AN ALCOHOL SCREENING TEST TO PROVE PROBABLE CAUSE FOR THE ARREST.
Intro. by Clampitt.

Status: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House (House action) (Feb 1 2021)
H 26

Bill Summaries:

  • Summary date: Jan 28 2021 - More information

    Amends GS 20-16.3, concerning alcohol screening tests of drivers, which allows the fact that a driver showed a positive or negative alcohol concentration result, but not the actual alcohol concentration result, of an alcohol screening test or a driver's refusal to submit, to be used by a law enforcement officer, court, or administrative agency in determining if there are reasonable grounds for believing that the driver has committed an implied-consent offense and that the driver consumed alcohol, but not to prove a particular concentration. Under GS 20-16.2, any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense, which is defined as an offense involving impaired driving, certain alcohol-related offenses, or offenses constituting misdemeanor death by vehicle.

    Modifies the statute to allow the alcohol concentration result of an alcohol screening test or a driver's refusal to submit to be used by a law enforcement officer, court, or administrative agency in determining if there is probable cause or reasonable grounds for believing that the driver has committed an implied consent offense and that the driver has consumed alcohol, but not to prove a particular concentration. Also allows negative or low results on the alcohol screening tests (previously, negative results only) to be used in factually appropriate cases in determining whether a person's alleged impairment is caused by an impairing substance other than alcohol. Applies to offenses committed on or after October 1, 2021.


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