Ignition Interlock Changes Effective June 1

Published for NC Criminal Law on June 08, 2022.

Last year, the General Assembly enacted significant changes to the state’s ignition interlock laws. See S.L. 2021-182. Some of those changes became effective June 1 and are reflected in revised limited privilege order and application forms published by the Administrative Office of the Courts (AOC). This post reviews those changes and links to the revised forms. Ignition interlock, generally. Ignition interlock is a device attached to a vehicle that permits the vehicle’s engine to start only after a person has submitted a breath sample that registers below the programmed alcohol concentration limit. These devices are among the leading countermeasures recommended by experts to reduce impaired driving generally and alcohol-related crash deaths specifically. The North Carolina Department of Motor Vehicles (NC DMV) has authorized three private companies, Smart Start, Alcolock NC, and Monitech, to provide ignition interlock services to satisfy driving and licensure requirements under State law. To have ignition interlock installed and monitored, the person must pay the vendor an installation fee (nationally the cost for installation ranges between $70 to $100) and a monthly fee (ranging nationally from $60 to $100). Ignition interlock may be required in two circumstances. First, ignition interlock may be ordered -- and indeed is sometimes required -- as a condition of a limited driving privilege issued by a court. G.S. 20-179.3(g3), (g5). A limited driving privilege authorizes driving by a person whose license otherwise is revoked. Traditionally, driving pursuant to a limited driving privilege may only occur during specified times and for specified purposes. Second, [...]