1/28/2021
The Daily Bulletin: 2021-01-28 | Legislative Reporting Service
И
UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: 2021-01-28
PUBLIC/HOUSE BILLS
H 25 (2021-2022) IMPAIRED DRIVING LAW REVISIONS. Filed Jan 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 AD.IUST HOW CER TAIN GROSSL Y A GC,RA VA TING FACTORS A RE DETERMINED DURING A
SENTENCING HEARING FOR IMPAIRED DRIVING.
Amends GS 20-4.0 1 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(al ) 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.
Intro, by Clampitt.
GS 20
View summary
Courts/Judiciarv, Motor Vehicle, Criminal Justice,
Corrections (Sentencing/Probation)
H 26 (2021-2022) REVISE USE OF ALCOHOL CONCENTRATION RESULT. Filed Jan 28 2021 .AN ACT TO REDUCE THE
NUMBER OF UNNECESSARY MOTIONS IN DISTRICT COUR T BY ALLOWING THE .JUDGE TO KNOW AND USE THE ALCOHOL
CONCENTRATION RESULT OF AN ALCOHOL SCREENING TEST TO PROVE PROBABLE CAUSE FOR THE ARREST.
Amends GS 20-1 6.3, concerning alcohol screening tests of drivers, which allows the fact that a driver showed a positive or
negative alcohol concentration result, but not the actual alcohol concentration result, of an alcohol screening test or a driver's
refusal to submit, to be used by a law enforcement officer, court, or administrative agency in determining if there are
reasonable grounds for believing that the driver has committed an implied-consent offense and that the driver consumed
alcohol, but not to prove a particular concentration. Under GS 20-16.2, any 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, which is defined as an
offense involving impaired driving, certain alcohol-related offenses, or offenses constituting misdemeanor death by vehicle.
Modifies the statute to allow the alcohol concentration result of an alcohol screening test or a driver's refusal to submit to be
used by a law enforcement officer, court, or administrative agency in determining if there is probable cause or reasonable
grounds for believing that the driver has committed an implied consent offense and that the driver has consumed alcohol, but
not to prove a particular concentration. Also allows negative or low results on the alcohol screening tests (previously, negative
results only) to be used in factually appropriate cases in determining whether a person's alleged impairment is caused by an
impairing substance other than alcohol. Applies to offenses committed on or after October 1, 2021.
Intro, by Clampitt. GS 20
https://lrs.sog.unc.edU/lrs-subscr-view/dailybulletin/2021-01-28#
1/16
