Bill Summary for H 591 (2011-2012)

Summary date: 

Apr 4 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 591 (Public) Filed Monday, April 4, 2011
TO AUTHORIZE A LIMITED DRIVING PRIVILEGE WITH AN IGNITION INTERLOCK REQUIREMENT FOR FIRST-TIME DWI OFFENDERS WITH A REFUSAL REVOCATION, TO AUTHORIZE A LIMITED DRIVING PRIVILEGE FOR CERTAIN EIGHTEEN-, NINETEEN-, AND TWENTY-YEAR OLDS, AND TO PROVIDE AN EXCLUSION FROM THE IGNITION INTERLOCK REQUIREMENT AFTER TWO YEARS OF NONOPERATION.
Intro. by Ingle, Faircloth, Stevens.

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Bill summary

Enacts new subsection (e2) of GS 20-16.2 to provide a limited driving privilege for first offenders in certain instances. Specifies instances when a judge may grant a limited driving privilege to a person whose license was revoked for refusing to consent to a chemical analysis under the statute. Requires that the person have never been convicted of an offense involving impaired driving and that limited driving privilege include (1) a restriction that the applicant may only operate a designated motor vehicle; and (2) the designated vehicle must be equipped with a functioning ignition interlock system of a type approved by the Commissioner of Insurance, and set to prohibit driving with an alcohol concentration greater than 0.00. Provides that specified provisions of GS 20-179.3 (limited driving privilege), except as modified in this proposed subsection, apply to applications for limited driving privileges under this proposed subsection. Provides that if a person’s license is revoked for any other reason other than under this section and GS 20-17(a)(2) (specified impaired driving offenses), the limited driving privilege is invalid. Makes a conforming change to GS 20-16.2(e1).
Amends GS 20-179.3(b) to provide that a person who is 18, 19, or 20 years of age is eligible for a limited driving privilege under this statue unless the person has a prior conviction under GS 20-138.1 or is convicted of violating GS 20-138.1 (impaired driving) and GS 20-138.3 (driving by a person less than 21 years old after consuming alcohol or drugs) contemporaneously. Makes a conforming change.
Amends GS 20-179.3(e) to provide that a limited driving privilege issued under this statute authorizes a person to drive only if the person’s license is revoked solely under GS 20-17(a)(2) and GS 20-13.2(b), or as a result of a conviction in another jurisdiction substantially similar to impaired driving under GS 20-138.1 (was, license is revoked solely under GS 20-17(a)(2)).
Enacts new GS 20-17.8A to provide that a person who (1) would be subject to the provisions of GS 20-17.8, (2) does not operate a motor vehicle on any public vehicular area for a period of at least two years, and (3) has not applied for the restoration of any driving privileges under any provisions of GS Chapter 20 prior to the expiration of two years from the date of the conviction is eligible for a restoration of the person’s driver’s license without requiring that as a condition of restoration the use of an ignition interlock system.
Effective December 1, 2011, and applies to limited driving privileges and licenses restored on or after that date.

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