Section 1.

Titles the act, “The DWI Modernization Act of 2026.”  

Section 2.

Requires, in new GS 15A-511(c1), a magistrate to issue written findings supporting a finding of no probable cause for an implied consent defense, including at minimum, the following six listed findings:

1. When performed, the result of any alcohol or other impairing substance screening test.
2. When performed, the results of any standardized field sobriety tests.
3. When performed, the results of any drug recognition expert evaluation.
4. When available, the alcohol concentration or the fact that the driver refused the implied consent test.
5. Whether a blood sample for analysis was obtained from the defendant.
6. The element or elements of the offense charged that the magistrate believes are missing that led to the determination that probable cause did not exist.

Provides for a form for filing, and requires that the findings be sent to the head of the law enforcement agency that employed the charging officer, the chief district court judge, and the DA for the judicial district. Instructs the Administrative Office of the Courts (AOC) to electronically record the data in its database and make it available upon request.

Applies to initial appearances occurring on or after December 1, 2026.

Section 3.

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 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.

Amends the immediate civil license administrative revocation process for persons charged with implied-consent offenses under GS 20-16.5 as follows.  Now requires a judicial officer (defined) to determine if there is probable cause for the implied-consent offense charge that the person is charged with or has request a pre-charge chemical analysis for the offense and the other requirements of GS 20-16.5(b) or (b1) have been met. This replaces the requirement that a person must willfully refuse to submit to chemical analysis in order for their license to be immediately revoked upon being charged with an implied-consent offense. (Currently revocation for when a person is charged with an implied-consent offense includes the requirement that the person willfully refused to submit to the chemical analysis and has certain alcohol concentration levels at specified times after driving. Revocation for pre-charge request requires alcohol concentration levels at specified times after driving.) Now has hearings go before the Clerk of Court when a driver contests the validity of the revocation of their license (was, clerk or designated magistrate, or district court judge upon request).  

Removes references to levels of blood alcohol content (BAC) testing results that are part of the criteria that trigger automatic revocation of driving privileges under GS 20-16.5(b). Instead, the person’s driving privilege will be revoked immediately if a judicial official (defined) determines there is probable cause for the offense.

Requires the clerk of court (was, magistrate) to hold a hearing challenging the validity of a license revocation in GS 20-16.5(g). Removes provisions allowing the driver to request that such hearings be held before a district court judge. Specifies, that if the clerk’s office issued the revocation, then a member of the clerk's office other than the clerk may hold the hearing. Allows for video evidence and appearances. Instructs the clerk to consider any relevant information in any files or records concerning the person from AOC or the Division of Motor Vehicles (DMV). Clarifies that the failure of the charging officer or chemical analyst to testify in person or by video is not grounds to rescind the revocation. Modifies the time for a hearing to be completed from the date of the written request from three working days (magistrate) or 5 working days (judge) to 10 days. Repeals GS 20-16.5(n) (exceptions for revoked licenses by judicial officers). Makes technical and conforming changes throughout.

Makes conforming changes to reflect the new probable cause requirement in the required advisory and notice under GS 20-16.2. Removes references to alcohol concentration levels in GS 20-17(a)(2)b (mandatory revocation of driver’s license by the DMV). Makes conforming changes to GS 20-16.5(j) to account for new costs and clerk’s new role in rescinding revocations. Changes reference to agency receiving costs for the statewide chemical alcohol testing from DHHS’s Injury Control Section to its Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section.

Removes references to alcohol concentration levels in GS 20-17(a)(2)b (mandatory revocation of driver’s license by the DMV).

Applies to offenses committed on or after December 1, 2026.

Section 4.

Authorizes drug screening tests, in addition to alcohol screening tests already authorized under GS 20-16.3 when the driver has been involved in either a moving traffic violation or an accident or collision and the officer has reasonable grounds to believe the person is impaired by alcohol, a substance other than alcohol, or both. Directs DHHS to examine and approve oral fluid drug screening devices suitable for use by law-enforcement officers to test drivers for the presence of impairing substances other than alcohol in oral fluids. For each device or class of devices approved, requires DHHS to adopt regulations governing the manner of use of the device and the level of training required for officers who are authorized to use the device, including the shortest feasible minimum waiting period that does not produce an unacceptably high number of false positive test results. Allows negative or low (was, just negative) results on the alcohol screening test to be used in appropriate cases in determining whether the driver’s impairment is caused by an impairing substance other than alcohol. Makes conforming changes.

Changes references from testing methods approved by the Commission for Public Health to DHHS in GS 15A-534.2(d)(2) (alcohol testing for detained impaired drivers) and GS 20-138.7.

Applies to offenses committed on or after December 1, 2026.

Section 5.

Expands the types of vehicles included in GS 20-138.2B (operating listed vehicles after consuming alcohol) to include TNS service vehicles (a motor vehicle operated for the purpose of operating a TNS service), effective for offenses committed on or after December 1, 2026.

Expands the reasons the DMV has to immediately revoke a driver's license under GS 20-17 to include when it receives a record of a driver’s second or subsequent conviction for driving a TNC service (a prearranged transportation service such as Uber or Lyft) vehicle after consuming alcohol.  Mandates, in GS 20-280.6 that a transportation network require that its TNC drivers agree in writing that they will not act as a driver while consuming alcohol or at any time while the driver has remaining in the driver's body any alcohol or controlled substance previously consumed. Prohibits a transportation network from using a TNC driver that has been convicted within the past seven years of a second or subsequent conviction of driving a TNC service vehicle after consuming alcohol.

Requires transportation networks to notify their drivers of these requirements. Prohibits a TNC from allowing a person to serve as a TNC driver if they do not comply with the written agreement set forth above by no later than 12 months from the section’s effective date.

Effective December 1, 2026.

Section 6.

Amends GS 7A-191.1 as follows. Modifies the recording requirements for district court proceedings so that instead of required recording of all proceedings where a defendant pleads guilty or no contest to a Class H or I felony, a record is made for the following proceedings instead: (1) any hearing on an infraction conducted pursuant to Article 66 of GS Chapter 15A (procedure for hearing and disposition of infractions) and (2) any criminal trial proceeding, including pretrial motions, pleas, plea bargains, an explanation required under GS 20-138.4, taking of evidence, sentencing hearings, posttrial motions, and requests for limited driving privileges. Requires video and audio recordings, using devices approved by AOC. Designates clerk of superior court or their designee as the officer to operate the recording device, to preserve the recordings, and to share the recording online in a way that allows the person to view and download the recording in compliance with public records law.  Allows for deletion of the proceeding recording in compliance with AOC’s records retention schedule.

Requires the clerk of court to also include the disposition of the charge in its compilation of electronic records related to impaired driving under GS 7A-109.2 (concerning the impaired driving integrated data system).  For defendants sentenced pursuant to GS 20-179, directs the clerk to also include in the electronic records (1) each grossly aggravating factor, aggravating factor, and mitigating factor found by the court and (2) the level of punishment imposed by the court. Requires AOC to publish an annual report by September 1 each year on its website that includes the information required by GS 7A-109.2 for the fiscal year immediately preceding the date of the report along with statewide and countywide summaries of the number of charges, dispositions, sentencing factors, and  sentencing level. For each county, requires the report to include each type of charge filed and all of the information required by GS 7A-109.2 for each charge.

Effective December 1, 2026, and applies to any hearing, trial, or disposition of charges occurring on or after that date.

Directs that the first report required under GS 7A-109.2(d), as enacted by the act, will include information from December 1, 2026, through June 30, 2027, and will be published no later than September 1, 2027. Makes conforming changes to the effective date of Section 6 of SL 2006-253 (concerning recording requirements under GS 20-138.4) so that it is also effective December 1, 2026.

Section 7.

Amends GS 20-19 (suspension or revocation of driver’s license and conditions of restoration) by enacting new subsection (d1) as follows. Permits the DMV, when a person has been convicted of an impaired driving offense and was sentenced under GS 20-179, to conditionally restore a person’s license after the license has been revoked for at least one year if the person provides the DMV all of the following: (1) a certificate of graduation from a Drug Treatment or Driving While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of GS Chapter 7A; (2) completion of a driver improvement clinic, and (3) a fee of $25 in addition to other fees, with the $25 to be deposited in the Highway Fund.

If a license is restored, specifies that the DMV will impose the following requirements and restrictions on the person’s license for the duration of the original revocation period: (1) a requirement that all registered vehicles owned by that person be equipped with a functioning ignition interlock system in line with the requirements of state law set forth in GS 20-17.8(c1), (2) a restriction that the person may operate only a motor vehicle equipped with a functioning ignition interlock system of a type approved by the Commissioner that is set to prohibit driving with an alcohol concentration of greater than 0.02, and (3) a requirement that the person personally activate the ignition interlock system  before driving the motor vehicle. Allows the DMV to impose a requirement that the person prove abstention from the consumption of alcohol by use of a continuous alcohol monitoring system approved under GS 15A-1343.3 in lieu of an ignition interlock system. Provides for reports by the monitoring program to the DMV if that option is used. Permits the DMV to impose other reasonable requirements, restrictions, and conditions on the person in addition to the three specified above.

Effective December 1, 2026.

Section 8. 

Amends GS 18B-302 (sale to or purchase of alcohol by underage persons) to make it a Class F felony if a person of age who aided and abetted a person under lawful drinking age if the underage person consumed the alcoholic beverage involved in the violation and serious bodily injury (defined) to the person under lawful age or another that was proximately caused by the consumption of the alcoholic beverage. Makes conforming changes. Makes conforming changes to GS 18B-302.1. Applies to offenses committed on or after December 1, 2026.

Section 9.

Contains a severability clause.  Directs that prosecutions for offenses committed before the effective date of the act are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable to those prosecutions.