Juveniles and the Law of Impaired Driving

What law applies when a juvenile is suspected of impaired driving? If the juvenile is 16- or 17-years-old, the criminal law applies in the same way that it applies to someone aged 18 or older. These offenses are carved out of juvenile jurisdiction (G.S. 7B-1501(7)b.) They are therefore criminal matters from their inception. However, if the juvenile is under age 16 at the time of the offense, the case is a juvenile matter from its inception. This blog explains how cases alleging impaired driving under the age of 16 should proceed pursuant to the Juvenile Code. Implied Consent Procedures Do not Apply in Delinquency Matters G.S. 20-16.2(a) states that “[a]ny person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense. Any law enforcement officer who has reasonable grounds to believe that the person charged has committed the implied-consent offense may obtain a chemical analysis of the person.” Application of the implied consent law therefore turns on whether a person is “charged” with an implied consent offense. G.S. 20-16.2(a1) defines a person “charged” as someone who is “arrested for it (an implied consent offense) or if criminal process for the offense has been issued.” (emphasis added). Arrest and criminal process are not part of the Juvenile Code. G.S. 7B-1900 directs that a law enforcement officer may take a juvenile into “temporary custody” if grounds exist for the “arrest of an adult in identical circumstances under G.S. 15A-401(b).” [...]