Bill Summary for H 148 (2023-2024)

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Summary date: 

Feb 20 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 148 (Public) Filed Monday, February 20, 2023
AN ACT TO STOP IMPAIRED DRIVERS AND SAVE LIVES BY LOWERING THE LEGAL BLOOD ALCOHOL CONCENTRATION LIMIT FOR OPERATING A VEHICLE OR VESSEL.
Intro. by Clampitt.

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Bill summary

Reduces the allowable blood alcohol content for the following.

Amends GS 20-12.1 to make it illegal to serve as a supervising driver for someone with a learner's permit or provisional drivers license or as an approved instructor after having consumed sufficient alcohol to have, at any relevant time after the driving, an alcohol concentration of 0.05 (was, 0.08) or more.

Amends GS 20-17 to require revoking a driver's license for impaired driving under GS 20-138.2, which prohibits impaired driving by the driver of a commercial vehicle, if the driver's alcohol concentration level was 0.04 (was, 0.06) or higher.

Amends GS 20-138.1 to make a violation of impaired driving if the person has consumed sufficient alcohol that the person has, at any relevant time after the driving, an alcohol concentration of 0.05 (was, 0.08) or more. Make technical and conforming changes. Makes language gender neutral. 

Makes conforming changes to the relevant blood alcohol content in: GS 20-16.2 (concerning implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis); GS 20-16.5 (setting out instances in which a person's driver's license is subject to revocation); and GS 20-139.1 (providing that if a breath sample shows an alcohol concentration of 0.05 (was, 0.08) or more, then requesting a blood sample is in the law enforcement officer's discretion). Makes additional technical changes.

Amends GS 75A-10 to prohibit operating any vessel on the State's waters after having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.05 (was, 0.08) or more.

Applies to offenses committed on or after December 1, 2023.