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  • Summary date: Feb 20 2023 - View Summary

    Section 1

    Amends GS 20-7(i1) of the Uniform Drivers License Act (governing restoration of license fees) as follows. Expands the conditions that trigger an increased driver’s license restoration fee from when a license is mandatorily revoked under GS 20-17(a)(2) (mandatory revocation for misdemeanor impaired driving or impaired driving of a commercial vehicle under GS 20-138.1 or GS 20-138.2) to also include when a license is revoked under the following statutory offenses: (1) GS 20-17(a)(12) [second or subsequent convictions of driving with an open container barred under misdemeanor open container laws (GS 20-138.7)]; (2) GS 20-17(a)(13) (second or subsequent conviction of driving a commercial motor vehicle after consuming alcohol under GS 20-138.2A (misdemeanor offense for consuming alcohol and driving a commercial vehicle) if the underlying offense was committed within seven years of the date of the prior offense and that offense resulted in conviction; or (3) GS 20-17(a)(14) (a conviction of driving a school bus, school activity bus, or child care vehicle after consuming alcohol under GS 20-138.2B).

    Increases the enhanced restoration fee from $140.25 to $250 and changes the distribution of the fee as follows:(1) $120.00 to the Highway Fund (currently, $105); (2) $65 for a statewide chemical alcohol testing program administered by the Department of Health and Human Services (currently, $25); and (3) $65 to the county for reimbursing the county for jail expenses incurred due to enforcement of impaired driving laws.

    Section 2

    Under current law, law enforcement officers may require a person to take a chemical analysis test to detect the presence of alcohol or other impairing substance if the officer has reasonable grounds to believe the person has committed an implied-consent offense. An implied-consent offense under GS 20-16.2 is an offense involving impaired driving, a misdemeanor offense of death by vehicle [governed by GS 20-141.4(a2)], or another alcohol-related offense made subject to GS 20-16.2. The law requires a person’s driver’s license to be immediately revoked if the person refuses a chemical analysis test or the result of the chemical analysis shows certain impairment levels. Amends GS 20-16.2(a)(4) to remove those stated chemical analysis levels and refusal to take a chemical analysis test and replaces those conditions with new criteria of judicial determination that there is probable cause for the offense. Replaces references to those same chemical provisions with the new judicial determination of probable cause in the notice requirements to a person requesting a chemical analysis test. Makes other technical changes.

    Section 3

    Amends GS  201-16.5(b) (setting forth conditions for the immediate revocation of a driver’s license for persons charged with implied-consent offenses) to replace the chemical analysis test results as criteria for immediate revocation of a driver’s license with new criteria that a judicial officer determines probable cause for the charge. Amends GS  201-16.5(b1) (driver’s license revocation when a person requests a chemical analysis) to replace the chemical analysis test results criteria with the new judicial determination of probable cause for the implied-consent charge.   

    Increases fee from $100 to $250 as costs before the return of the revoked license.  Makes other technical changes.

    Applies to offenses committed after December 1, 2023.