IGNITION INTERLOCK REQ'D/ALL DWIS.

View NCGA Bill Details2015-2016 Session
House Bill 877 (Public) Filed Tuesday, April 14, 2015
AN ACT TO REQUIRE PERSONS CONVICTED OF DRIVING AFTER CONSUMING ALCOHOL BEING LESS THAN TWENTY-ONE YEARS OF AGE, AND CERTAIN PERSONS WHO REFUSE A CHEMICAL ANALYSIS OR ARE CONVICTED OF DRIVING WHILE IMPAIRED OR ANY OTHER IMPAIRED DRIVING OFFENSE, TO HAVE AN IGNITION INTERLOCK SYSTEM INSTALLED ON EVERY VEHICLE THAT PERSON MAY DRIVE BEFORE THAT PERSON CAN GET A LIMITED DRIVING PRIVILEGE; TO REMOVE THE WAITING PERIOD BEFORE A PERSON MAY APPLY FOR 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 Jordan, Faircloth.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Jun 14 2016)
H 877

Bill Summaries:

  • Summary date: Apr 20 2015 - More information

    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    Amends GS 20-16.2(e1) to amend the conditions that must be met before a person whose driver's license has been revoked  may apply for and  receive a limited driving privilege, including removing the requirement that the person's license had been revoked for at least six months and adding that the vehicle must be equipped with an ignition interlock system.

    Amends GS 20-16.5(p), the conditions that must be met before a person whose driver's license has been revoked for 30 or 45 days may apply for a limited driving privilege, including adding that the vehicle that the person will be authorized to drive has been equipped with an approved type of ignition interlock system.

    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of .08 or more (currently, 0.15 or more) or who refused to submit to a chemical analysis and to a person whose license was revoked as the result of a conviction of driving by a person under the age of 21 after consuming alcohol. Amends the items that must be indicated on the person's driver's license to provide that if the ignition interlock system is required, the person must not drive with an alcohol concentration of 0.02 (was, 0.00) or greater. Provides for revocation of license if system is disabled or removed.  Makes conforming changes.

    Amends GS 20-138.3 to amend the conditions under which a person who was convicted of driving by person less than 21 years old after consuming alcohol or drugs may apply for a limited driving privilege to also require that the person equip all vehicles that are to be operated under a limited driving privilege with approved ignition interlock systems.

    Amends GS 20-179.3 to add to the requirements to be met before a person convicted of impaired driving may be eligible for a limited driving privilege to require that the person equip all vehicles that are to be operated under a limited driving privilege with approved ignition interlock systems.

    Amends GS 20-179.3(g5) to provide that if a person's license is revoked for a conviction under GS 20-138.1, impaired driving, and he or she had an alcohol concentration of 0.08 (was, 0.15) or more, or additionally, if the person refuses to submit to a chemical analysis, a judge must include all of the specified items in the limited driving privilege order. 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 the system as a condition of assistance from the DMV for installation cost.

    Effective December 1, 2015.


Printer-friendly: Click to view