DWI Bills That Made the (First) Cut

Published for NC Criminal Law on May 05, 2015.

Last week was crossover deadline at the General Assembly--a major event for lawmakers, legislative staffers, lobbyists and policy wonks. If you don’t fall into any of these categories, the deadline may not have greatly affected your work week. But because crossover marks (at least theoretically) the deadline by which non-revenue bills must pass one chamber of the legislature in order to be considered by the other during the remainder of the session, it is a good time to take stock of pending legislation. A complete listing of bills that met crossover is available here. Several of these bills would significantly amend laws related to impaired driving. H 31. 0.00 Alcohol Restriction—All DWI. As the short title suggests, this bill amends G.S. 20-19(c3)(1) to require the North Carolina Division of Motor Vehicles to impose a 0.00 alcohol concentration restriction on the driver’s license of any person whose license is restored following a conviction for impaired driving under G.S. 20-138.1 or a similar offense in another state. A first-time offender currently may have his or her license restored with a restriction prohibiting the person from driving with an alcohol concentration of 0.04 or greater. H 31 also amends the ignition interlock statute, G.S. 20-17.8(b), to require that any person whose license is restored subject to an ignition interlock restriction be prohibited from driving with an alcohol concentration of greater than 0.00. Under current law, a person required to have ignition interlock because of an alcohol concentration of 0.15 or more, and not because [...]