(a) A person commitsthe offense of habitual impaired driving if he drives while impaired as definedin G.S. 20‑138.1 and has been convicted of three or more offensesinvolving impaired driving as defined in G.S. 20‑4.01(24a) within 10years of the date of this offense.
(b) A person convictedof violating this section shall be punished as a Class F felon and shall besentenced to a minimum active term of not less than 12 months of imprisonment,which shall not be suspended. Sentences imposed under this subsection shall runconsecutively with and shall commence at the expiration of any sentence beingserved.
(c) An offense underthis section is an implied consent offense subject to the provisions of G.S. 20‑16.2.The provisions of G.S. 20‑139.1 shall apply to an offense committed underthis section.
(d) A person convictedunder this section shall have his license permanently revoked.
(e) If a person isconvicted under this section, the motor vehicle that was driven by thedefendant at the time the defendant committed the offense of impaired drivingbecomes property subject to forfeiture in accordance with the procedure set outin G.S. 20‑28.2. In applying the procedure set out in that statute, anowner or a holder of a security interest is considered an innocent party withrespect to a motor vehicle subject to forfeiture under this subsection if anyof the following applies:
(1) The owner or holderof the security interest did not know and had no reason to know that the defendanthad been convicted within the previous seven years of three or more offensesinvolving impaired driving.
(2) The defendant drovethe motor vehicle without the consent of the owner or the holder of thesecurity interest. (1989(Reg. Sess., 1990), c. 1039, s. 7; 1993, c. 539, s. 1258; 1994, Ex. Sess., c.14, s. 32; c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 34.1; c. 767,s. 32; 1997‑379, s. 6; 2006‑253, ss. 12, 13.)
(a) A person commitsthe offense of habitual impaired driving if he drives while impaired as definedin G.S. 20‑138.1 and has been convicted of three or more offensesinvolving impaired driving as defined in G.S. 20‑4.01(24a) within 10years of the date of this offense.
(b) A person convictedof violating this section shall be punished as a Class F felon and shall besentenced to a minimum active term of not less than 12 months of imprisonment,which shall not be suspended. Sentences imposed under this subsection shall runconsecutively with and shall commence at the expiration of any sentence beingserved.
(c) An offense underthis section is an implied consent offense subject to the provisions of G.S. 20‑16.2.The provisions of G.S. 20‑139.1 shall apply to an offense committed underthis section.
(d) A person convictedunder this section shall have his license permanently revoked.
(e) If a person isconvicted under this section, the motor vehicle that was driven by thedefendant at the time the defendant committed the offense of impaired drivingbecomes property subject to forfeiture in accordance with the procedure set outin G.S. 20‑28.2. In applying the procedure set out in that statute, anowner or a holder of a security interest is considered an innocent party withrespect to a motor vehicle subject to forfeiture under this subsection if anyof the following applies:
(1) The owner or holderof the security interest did not know and had no reason to know that the defendanthad been convicted within the previous seven years of three or more offensesinvolving impaired driving.
(2) The defendant drovethe motor vehicle without the consent of the owner or the holder of thesecurity interest. (1989(Reg. Sess., 1990), c. 1039, s. 7; 1993, c. 539, s. 1258; 1994, Ex. Sess., c.14, s. 32; c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 34.1; c. 767,s. 32; 1997‑379, s. 6; 2006‑253, ss. 12, 13.)
(a) A person commitsthe offense of habitual impaired driving if he drives while impaired as definedin G.S. 20‑138.1 and has been convicted of three or more offensesinvolving impaired driving as defined in G.S. 20‑4.01(24a) within 10years of the date of this offense.
(b) A person convictedof violating this section shall be punished as a Class F felon and shall besentenced to a minimum active term of not less than 12 months of imprisonment,which shall not be suspended. Sentences imposed under this subsection shall runconsecutively with and shall commence at the expiration of any sentence beingserved.
(c) An offense underthis section is an implied consent offense subject to the provisions of G.S. 20‑16.2.The provisions of G.S. 20‑139.1 shall apply to an offense committed underthis section.
(d) A person convictedunder this section shall have his license permanently revoked.
(e) If a person isconvicted under this section, the motor vehicle that was driven by thedefendant at the time the defendant committed the offense of impaired drivingbecomes property subject to forfeiture in accordance with the procedure set outin G.S. 20‑28.2. In applying the procedure set out in that statute, anowner or a holder of a security interest is considered an innocent party withrespect to a motor vehicle subject to forfeiture under this subsection if anyof the following applies:
(1) The owner or holderof the security interest did not know and had no reason to know that the defendanthad been convicted within the previous seven years of three or more offensesinvolving impaired driving.
(2) The defendant drovethe motor vehicle without the consent of the owner or the holder of thesecurity interest. (1989(Reg. Sess., 1990), c. 1039, s. 7; 1993, c. 539, s. 1258; 1994, Ex. Sess., c.14, s. 32; c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 34.1; c. 767,s. 32; 1997‑379, s. 6; 2006‑253, ss. 12, 13.)
