IMPAIRED DRIVING LAW REVISIONS.

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View NCGA Bill Details2021
House Bill 25 (Public) Filed Thursday, January 28, 2021
AN ACT TO REVISE THE DEFINITION OF THE TERM "OFFENSE INVOLVING IMPAIRED DRIVING" TO INCLUDE THE OFFENSE OF DRIVING WHILE LICENSE REVOKED FOR IMPAIRED DRIVING AND TO ADJUST HOW CERTAIN GROSSLY AGGRAVATING FACTORS ARE DETERMINED DURING A SENTENCING HEARING FOR IMPAIRED DRIVING.
Intro. by Clampitt.

Status: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House (House action) (Feb 1 2021)
H 25

Bill Summaries:

  • Summary date: Jan 28 2021 - View Summary

    Amends GS 20-4.01 to include in the definition of offense involving impaired driving as it applies throughout GS Chapter 20, driving with a revoked license for impaired driving.

    Amends GS 20-179, regarding determination of grossly aggravating factors at sentencing following conviction for impaired driving. Amends the grossly aggravating factors listed as follows, which are used to determine which level of punishment is required by law. Concerning driving with a revoked license at the time of the offense as a grossly aggravating factor, specifies that each revocation under GS 20-28(a1) in effect at the time of the offense for which the defendant is being sentenced is a separate grossly aggravating factor. Concerning serious injury to another person caused by the defendant's impaired driving at the time of the offense as a grossly aggravating factor, specifies that each person seriously injured by the defendant's impaired driving at the time of the offense is a separate grossly aggravating factor. Concerning driving while impaired with a minor, mentally impaired, or physical disabled person as a grossly aggravating factor, specifies that each person in the vehicle at the time of the offense is a separate grossly aggravating factor. 

    Applies to offenses committed on or after December 1, 2021. Provides a savings clause for prosecutions for offenses committed before the act becomes effective.