IGNITION INTERLOCK REQ'D/ALL DWIS.

View NCGA Bill Details2013-2014 Session
House Bill 536 (Public) Filed Wednesday, April 3, 2013
A BILL TO BE ENTITLED 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 Faircloth, Jordan, Jackson.

Status: Re-ref Com On Appropriations (House Action) (May 30 2013)

SOG comments (2):

Long title change

House committee substitute to the first edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT 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; TO PROVIDE THAT A PERSON WHO APPLIES FOR LIMITED DRIVING PRIVILEGES WAIVES HIS OR HER RIGHT TO CERTAIN HEARINGS TO CONTEST THE VALIDITY OF THE REVOCATION; 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.

 

 

Long title change.

House committee substitute changes the long title. The preivous long title is as follows:

A BILL TO BE ENTITLED 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.

H 536

Bill Summaries:

  • Summary date: May 30 2013 - More information

    House committee substitute to the 2nd edition makes the following changes.

    Amends GS 20-16.2(c1), providing that when a person who has an alcohol concentration of 0.08 or more (was, 0.13) refuses to submit to a chemical analysis, the law enforcement officer and the chemical analyst must, without unnecessary delay, go before an official authorized to administer oaths and execute an affidavit as to the facts of the arrest and the results of any tests given.

    Amends GS 20-17.8 to require ignition interlock systems for all persons convicted of driving with an alcohol concentration of 0.08 or more (was, 0.13 or more).

    Amends GS 20-179.3(g5) to provide that an ignition interlock and other restrictions apply to a limited driving privilege when the person had an alcohol concentration of 0.08 or more (was, 0.13 or more).


  • Summary date: May 15 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Amends GS 20-16.2(c1), providing that when a person who has an alcohol concentration of 0.13 or more (was, 0.08) refuses to submit to a chemical analysis, the law enforcement officer and the chemical analyst must, without unnecessary delay, go before an official authorized to administer oaths and execute an affidavit as to the facts of the arrest and the results of any tests given.

    Amends GS 20-17.8 to require ignition interlock systems for all persons convicted of driving with an alcohol concentration of 0.13 or more (was, 0.08 or more).

    Amends GS 20-179.3(g5) to provide that an ignition interlock and other restrictions apply to a limited driving privilege when the person had an alcohol concentration of 0.13 or more (was, 0.08 or more).

    Amends GS 20-16.2(e1) and GS 20-16.5(p), deleting a requirement for a limited driving privilege in specified circumstances, which required the person applying for limited driving privileges to do so within a specified time period before the effective date of the revocation order.

    Deletes proposed changes to GS 20-16.5(g).

    Amends GS 20-138.3(d), making a conforming change.


  • Summary date: Apr 3 2013 - 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 require all vehicles a person is authorized to drive to be equipped with an approved ignition interlock system prior to issuance of a limited driving privilege. Amends GS 20-16.5 allow a person whose license was revoked under the statute to apply for limited driving privileges pursuant to (p) of the statute, instead of requesting a hearing to contest the revocation. Requires that the individual apply for the privileges within 10 days of the revocation and provides that the person waives the right to hearing to contest the revocation. Amends the limited driving privilege provisions to (1) make conforming changes, (2) remove the requirement that the license have been revoked for at least 10 days if the revocation is for 30 days, or 30 days if the revocation is for 45, (3) adds the requirement that any vehicles that the person will be authorized to drive be equipped with an approved type of ignition interlock system, and (4) in the case of indefinite revocation, removes the requirement that the privilege be necessary to overcome undue hardship in order for a limited driving privilege to be issued. 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. Amends the restrictions that are placed on the restored driver's license of an individual subject to the ignition interlock requirements to provide that they system is required under specified provisions or circumstances, then the person may not drive with an alcohol concentration of more than 0.02 (was, 0.00). 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, 2013.


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