Bill Summary for H 725 (2011-2012)

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Bill: IGNITION INTERLOCK REQUIRED/ALL DWIS.

Summary date: 

Apr 6 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 725 (Public) Filed Wednesday, April 6, 2011
TO REQUIRE ANYONE WHO IS CONVICTED OF DRIVING WHILE IMPAIRED, DRIVING AFTER CONSUMING ALCOHOL BEING LESS THAN TWENTY-ONE YEARS OF AGE, OR ANY OTHER IMPAIRED DRIVING OFFENSE, OR ANY PERSON WHO REFUSES A CHEMICAL ANALYSIS, TO HAVE AN IGNITION INTERLOCK SYSTEM INSTALLED ON EVERY VEHICLE THAT PERSON MAY DRIVE BEFORE THAT PERSON CAN GET A LIMITED DRIVING PRIVILEGE; AND TO PROVIDE FOR THE PAYMENT OF AN ADMINISTRATIVE FEE AND COSTS ASSOCIATED WITH AN IGNITION INTERLOCK SYSTEM AND CREATE AN IGNITION INTERLOCK DEVICE FUND TO ASSIST INDIGENT PERSONS.
Intro. by Rapp.

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Bill summary

Amends GS 20-16.2(c1) to require the submission of an affidavit when a person has an alcohol concentration of 0.08 or more (was, 0.15 or more) or falls under another provision in existing law. Amends GS 20-16.2(e1) to require all vehicles a person is authorized to drive to be equipped with an approved ignition interlock system prior to issuance of limited driving privilege. Amends GS 20-17.8 to require ignition interlock systems for all persons convicted of driving with an alcohol concentration of .08 or more (currently, 0.15 or more) or who refused to submit to a chemical analysis and to a person whose license was revoked as the result of a conviction of driving by a person under the age of 21 after consuming alcohol or drugs. Requires proof of installation and provides for revocation of license if system is disabled or removed. Makes conforming changes.
Enacts new GS 20-179.5 to require that all of the costs incurred in order to comply with the ignition interlock requirements imposed by the court under Article 3 be paid by the person ordered to have the system installed. Authorizes the Division of Motor Vehicles (DMV) to assess an ignition interlock administrative fee of not less than $30 and no more than $60 on any ignition interlock installed by a vendor pursuant to Article 3. Fee is to be collected by the vendor installing the ignition interlock system at the time of installation. Directs the vendor to remit the collected fees to the DMV on a quarterly basis. Provides that 50% of the money collected be used to pay for administrative costs incurred by the DMV and the remaining 50% be deposited in the Ignition Interlock Device Fund.
Creates the Ignition Interlock Device Fund in the Department of Transportation to be used to pay the costs of installing and removing ignition interlock devices on vehicles of persons deemed indigent by the court. Requires the person deemed indigent to agree to pay the required costs for monitoring of the system as a condition of assistance from the DMV for installation cost.
Effective December 1, 2011.