§ 20‑17.8. (For changein effective date, see Editor's note) Restoration of a license after certaindriving while impaired convictions; ignition interlock.
(a) Scope. Thissection applies to a person whose license was revoked as a result of aconviction of driving while impaired, G.S. 20‑138.1, and:
(1) The person had analcohol concentration of 0.15 or more; or
(2) The person has beenconvicted of another offense involving impaired driving, which offense occurredwithin seven years immediately preceding the date of the offense for which theperson's license has been revoked.
For purposes of subdivision(1) of this subsection, the results of a chemical analysis, as shown by anaffidavit or affidavits executed pursuant to G.S. 20‑16.2(c1), shall beused by the Division to determine that person's alcohol concentration.
(a1) (Expires December1, 2014) Additional Scope. This section applies to a person whose licensewas revoked as a result of a conviction of habitual impaired driving, G.S. 20‑138.5.
(b) (Effective untilDecember 1, 2014) Ignition Interlock Required. Except as provided insubsection (l) of this section, when the Division restores the license of aperson who is subject to this section, in addition to any other restriction orcondition, it shall require the person to agree to and shall indicate on theperson's drivers license the following restrictions for the period designatedin subsection (c):
(1) A restriction thatthe person may operate only a vehicle that is equipped with a functioning ignitioninterlock system of a type approved by the Commissioner. The Commissioner shallnot unreasonably withhold approval of an ignition interlock system and shallconsult with the Division of Purchase and Contract in the Department ofAdministration to ensure that potential vendors are not discriminated against.
(2) A requirement thatthe person personally activate the ignition interlock system before driving themotor vehicle.
(3) An alcoholconcentration restriction as follows:
a. If the ignitioninterlock system is required pursuant only to subdivision (a)(1) of thissection, a requirement that the person not drive with an alcohol concentrationof 0.04 or greater;
b. If the ignitioninterlock system is required pursuant to subdivision (a)(2) or subsection (a1)of this section, a requirement that the person not drive with an alcoholconcentration of greater than 0.00; or
c. If the ignitioninterlock system is required pursuant to subdivision (a)(1) of this section,and the person has also been convicted, based on the same set of circumstances,of: (i) driving while impaired in a commercial vehicle, G.S. 20‑138.2,(ii) driving while less than 21 years old after consuming alcohol or drugs,G.S. 20‑138.3, (iii) a violation of G.S. 20‑141.4, or (iv)manslaughter or negligent homicide resulting from the operation of a motorvehicle when the offense involved impaired driving, a requirement that theperson not drive with an alcohol concentration of greater than 0.00.
(b) (EffectiveDecember 1, 2014) Ignition Interlock Required. Except as provided insubsection (l) of this section, when the Division restores the license of aperson who is subject to this section, in addition to any other restriction orcondition, it shall require the person to agree to and shall indicate on theperson's drivers license the following restrictions for the period designatedin subsection (c):
(1) A restriction thatthe person may operate only a vehicle that is equipped with a functioningignition interlock system of a type approved by the Commissioner. TheCommissioner shall not unreasonably withhold approval of an ignition interlocksystem and shall consult with the Division of Purchase and Contract in theDepartment of Administration to ensure that potential vendors are not discriminatedagainst.
(2) A requirement thatthe person personally activate the ignition interlock system before driving themotor vehicle.
(3) An alcoholconcentration restriction as follows:
a. If the ignitioninterlock system is required pursuant only to subdivision (a)(1) of thissection, a requirement that the person not drive with an alcohol concentrationof 0.04 or greater;
b. If the ignitioninterlock system is required pursuant to subdivision (a)(2) of this section, arequirement that the person not drive with an alcohol concentration of greaterthan 0.00; or
c. If the ignitioninterlock system is required pursuant to subdivision (a)(1) of this section,and the person has also been convicted, based on the same set of circumstances,of: (i) driving while impaired in a commercial vehicle, G.S. 20‑138.2,(ii) driving while less than 21 years old after consuming alcohol or drugs,G.S. 20‑138.3, (iii) a violation of G.S. 20‑141.4, or (iv)manslaughter or negligent homicide resulting from the operation of a motor vehiclewhen the offense involved impaired driving, a requirement that the person notdrive with an alcohol concentration of greater than 0.00.
(c) Length ofRequirement. The requirements of subsection (b) shall remain in effect for:
(1) One year from thedate of restoration if the original revocation period was one year;
(2) Three years from thedate of restoration if the original revocation period was four years; or
(3) Seven years from thedate of restoration if the original revocation was a permanent revocation.
(c1) Vehicles Subject toRequirement. A person subject to this section shall have all registeredvehicles owned by that person equipped with a functioning ignition interlocksystem of a type approved by the Commissioner, unless the Division determinesthat one or more specific registered vehicles owned by that person are reliedupon by another member of that person's family for transportation and that thevehicle is not in the possession of the person subject to this section.
(d) Effect of LimitedDriving Privileges. If the person was eligible for and received a limiteddriving privilege under G.S. 20‑179.3, with the ignition interlockrequirement contained in G.S. 20‑179.3(g5), the period of time for whichthat limited driving privilege was held shall be applied towards therequirements of subsection (c).
(e) Notice ofRequirement. When a court reports to the Division a conviction of a personwho is subject to this section, the Division must send the person writtennotice of the requirements of this section and of the consequences of failingto comply with these requirements. The notification must include a statementthat the person may contact the Division for information on obtaining andhaving installed an ignition interlock system of a type approved by theCommissioner.
(f) Effect ofViolation of Restriction. A person subject to this section who violates anyof the restrictions of this section commits the offense of driving whilelicense revoked under G.S. 20‑28(a) and is subject to punishment andlicense revocation as provided in that section. If a law enforcement officerhas reasonable grounds to believe that a person subject to this section hasconsumed alcohol while driving or has driven while he has remaining in his bodyany alcohol previously consumed, the suspected offense of driving while licenseis revoked is an alcohol‑related offense subject to the implied‑consentprovisions of G.S. 20‑16.2. If a person subject to this section ischarged with driving while license revoked by violating a condition ofsubsection (b) of this section, and a judicial official determines that thereis probable cause for the charge, the person's license is suspended pending theresolution of the case, and the judicial official must require the person tosurrender the license. The judicial official must also notify the person thathe is not entitled to drive until his case is resolved. An alcoholconcentration report from the ignition interlock system shall not be admissibleas evidence of driving while license revoked, nor shall it be admissible in anadministrative revocation proceeding as provided in subsection (g) of thissection, unless the person operated a vehicle when the ignition interlocksystem indicated an alcohol concentration in violation of the restrictionplaced upon the person by subdivision (b)(3) of this section. If a personsubject to this section is charged with driving while license revoked byviolating the requirements of subsection (c1) of this section, and no otherviolation of this section is alleged, the court may make a determination at thehearing of the case that the vehicle, on which the ignition interlock systemwas not installed, was relied upon by another member of that person's familyfor transportation and that the vehicle was not in the possession of the personsubject to this section, and therefore the vehicle was not required to beequipped with a functioning ignition interlock system. If the court determinesthat the vehicle was not required to be equipped with a functioning ignitioninterlock system and the person subject to this section has committed no otherviolation of this section, the court shall find the person not guilty ofdriving while license revoked.
(g) Effect of Violationof Restriction When Driving While License Revoked Not Charged. A personsubject to this section who violates any of the restrictions of this section,but is not charged or convicted of driving while license revoked pursuant toG.S. 20‑28(a), shall have the person's license revoked by the Divisionfor a period of one year.
(h) Beginning ofRevocation Period. If the original period of revocation was imposed pursuantto G.S. 20‑19(d) or (e), any remaining period of the original revocation,prior to its reduction, shall be reinstated and the revocation required bysubsection (f) or (g) of this section begins after all other periods ofrevocation have terminated.
(i) Notification ofRevocation. If the person's license has not already been surrendered to thecourt, the Division must expeditiously notify the person that the person'slicense to drive is revoked pursuant to subsection (f) or (g) of this sectioneffective on the tenth calendar day after the mailing of the revocation order.
(j) Right to HearingBefore Division; Issues. If the person's license is revoked pursuant tosubsection (g) of this section, before the effective date of the order issuedunder subsection (i) of this section, the person may request in writing ahearing before the Division. Except for the time referred to in G.S. 20‑16.5,if the person shows to the satisfaction of the Division that the person'slicense was surrendered to the court and remained in the court's possession,then the Division shall credit the amount of time for which the license was inthe possession of the court against the revocation period required bysubsection (g) of this section. If the person properly requests a hearing, theperson retains the person's license, unless it is revoked under some otherprovision of law, until the hearing is held, the person withdraws the request,or the person fails to appear at a scheduled hearing. The hearing officer maysubpoena any witnesses or documents that the hearing officer deems necessary.The person may request the hearing officer to subpoena the charging officer,the chemical analyst, or both to appear at the hearing if the person makes therequest in writing at least three days before the hearing. The person maysubpoena any other witness whom the person deems necessary, and the provisionsof G.S. 1A‑1, Rule 45, apply to the issuance and service of all subpoenasissued under the authority of this section. The hearing officer is authorizedto administer oaths to witnesses appearing at the hearing. The hearing must beconducted in the county where the charge was brought, and must be limited toconsideration of whether:
(1) The drivers licenseof the person had an ignition interlock requirement; and
(2) The person:
a. Was driving avehicle that was not equipped with a functioning ignition interlock system; or
b. Did not personallyactivate the ignition interlock system before driving the vehicle; or
c. Drove the vehicle inviolation of an applicable alcohol concentration restriction prescribed bysubdivision (b)(3) of this section.
Ifthe Division finds that the conditions specified in this subsection are met, itmust order the revocation sustained. If the Division finds that the conditionof subdivision (1) is not met, or that none of the conditions of subdivision(2) are met, it must rescind the revocation. If the revocation is sustained,the person must surrender the person's license immediately upon notification bythe Division. If the revocation is sustained, the person may appeal thedecision of the Division pursuant to G.S. 20‑25.
(k) Restoration AfterViolation. When the Division restores the license of a person whose licensewas revoked pursuant to subsection (f) or (g) of this section and therevocation occurred prior to completion of time period required by subsection(c) of this section, in addition to any other restriction or condition, itshall require the person to comply with the conditions of subsection (b) ofthis section until the person has complied with those conditions for thecumulative period of time as set forth in subsection (c) of this section. Theperiod of time for which the person successfully complied with subsection (b)of this section prior to revocation pursuant to subsection (f) or (g) of thissection shall be applied towards the requirements of subsection (c) of thissection.
(l) Medical Exceptionto Requirement. A person subject to this section who has a medicallydiagnosed physical condition that makes the person incapable of personallyactivating an ignition interlock system may request an exception to therequirements of this section from the Division. The Division shall not issue anexception to this section unless the person has submitted to a physicalexamination by two or more physicians or surgeons duly licensed to practicemedicine in this State or in any other state of the United States and unlesssuch examining physicians or surgeons have completed and signed a certificatein the form prescribed by the Division. Such certificate shall be devised bythe Commissioner with the advice of those qualified experts in the field ofdiagnosing and treating physical disorders that the Commissioner may select andshall be designed to elicit the maximum medical information necessary to aid indetermining whether or not the person is capable of personally activating anignition interlock system. The certificate shall contain a waiver of privilegeand the recommendation of the examining physician to the Commissioner as towhether the person is capable of personally activating an ignition interlocksystem.
The Commissioner is not boundby the recommendations of the examining physicians but shall give fairconsideration to such recommendations in acting upon the request for medicalexception, the criterion being whether or not, upon all the evidence, itappears that the person is in fact incapable of personally activating anignition interlock system. The burden of proof of such fact is upon the personseeking the exception.
Whenever an exception isdenied by the Commissioner, such denial may be reviewed by a reviewing boardupon written request of the person seeking the exception filed with theDivision within 10 days after receipt of such denial. The composition,procedures, and review of the reviewing board shall be as provided in G.S. 20‑9(g)(4). (1999‑406,s. 3; 2000‑155, ss. 1‑3; 2001‑487, s. 8; 2006‑253, ss.22.3, 22.4; 2007‑493, ss. 5, 10, 28; 2009‑369, ss. 5, 6.)
§ 20‑17.8. (For changein effective date, see Editor's note) Restoration of a license after certaindriving while impaired convictions; ignition interlock.
(a) Scope. Thissection applies to a person whose license was revoked as a result of aconviction of driving while impaired, G.S. 20‑138.1, and:
(1) The person had analcohol concentration of 0.15 or more; or
(2) The person has beenconvicted of another offense involving impaired driving, which offense occurredwithin seven years immediately preceding the date of the offense for which theperson's license has been revoked.
For purposes of subdivision(1) of this subsection, the results of a chemical analysis, as shown by anaffidavit or affidavits executed pursuant to G.S. 20‑16.2(c1), shall beused by the Division to determine that person's alcohol concentration.
(a1) (Expires December1, 2014) Additional Scope. This section applies to a person whose licensewas revoked as a result of a conviction of habitual impaired driving, G.S. 20‑138.5.
(b) (Effective untilDecember 1, 2014) Ignition Interlock Required. Except as provided insubsection (l) of this section, when the Division restores the license of aperson who is subject to this section, in addition to any other restriction orcondition, it shall require the person to agree to and shall indicate on theperson's drivers license the following restrictions for the period designatedin subsection (c):
(1) A restriction thatthe person may operate only a vehicle that is equipped with a functioning ignitioninterlock system of a type approved by the Commissioner. The Commissioner shallnot unreasonably withhold approval of an ignition interlock system and shallconsult with the Division of Purchase and Contract in the Department ofAdministration to ensure that potential vendors are not discriminated against.
(2) A requirement thatthe person personally activate the ignition interlock system before driving themotor vehicle.
(3) An alcoholconcentration restriction as follows:
a. If the ignitioninterlock system is required pursuant only to subdivision (a)(1) of thissection, a requirement that the person not drive with an alcohol concentrationof 0.04 or greater;
b. If the ignitioninterlock system is required pursuant to subdivision (a)(2) or subsection (a1)of this section, a requirement that the person not drive with an alcoholconcentration of greater than 0.00; or
c. If the ignitioninterlock system is required pursuant to subdivision (a)(1) of this section,and the person has also been convicted, based on the same set of circumstances,of: (i) driving while impaired in a commercial vehicle, G.S. 20‑138.2,(ii) driving while less than 21 years old after consuming alcohol or drugs,G.S. 20‑138.3, (iii) a violation of G.S. 20‑141.4, or (iv)manslaughter or negligent homicide resulting from the operation of a motorvehicle when the offense involved impaired driving, a requirement that theperson not drive with an alcohol concentration of greater than 0.00.
(b) (EffectiveDecember 1, 2014) Ignition Interlock Required. Except as provided insubsection (l) of this section, when the Division restores the license of aperson who is subject to this section, in addition to any other restriction orcondition, it shall require the person to agree to and shall indicate on theperson's drivers license the following restrictions for the period designatedin subsection (c):
(1) A restriction thatthe person may operate only a vehicle that is equipped with a functioningignition interlock system of a type approved by the Commissioner. TheCommissioner shall not unreasonably withhold approval of an ignition interlocksystem and shall consult with the Division of Purchase and Contract in theDepartment of Administration to ensure that potential vendors are not discriminatedagainst.
(2) A requirement thatthe person personally activate the ignition interlock system before driving themotor vehicle.
(3) An alcoholconcentration restriction as follows:
a. If the ignitioninterlock system is required pursuant only to subdivision (a)(1) of thissection, a requirement that the person not drive with an alcohol concentrationof 0.04 or greater;
b. If the ignitioninterlock system is required pursuant to subdivision (a)(2) of this section, arequirement that the person not drive with an alcohol concentration of greaterthan 0.00; or
c. If the ignitioninterlock system is required pursuant to subdivision (a)(1) of this section,and the person has also been convicted, based on the same set of circumstances,of: (i) driving while impaired in a commercial vehicle, G.S. 20‑138.2,(ii) driving while less than 21 years old after consuming alcohol or drugs,G.S. 20‑138.3, (iii) a violation of G.S. 20‑141.4, or (iv)manslaughter or negligent homicide resulting from the operation of a motor vehiclewhen the offense involved impaired driving, a requirement that the person notdrive with an alcohol concentration of greater than 0.00.
(c) Length ofRequirement. The requirements of subsection (b) shall remain in effect for:
(1) One year from thedate of restoration if the original revocation period was one year;
(2) Three years from thedate of restoration if the original revocation period was four years; or
(3) Seven years from thedate of restoration if the original revocation was a permanent revocation.
(c1) Vehicles Subject toRequirement. A person subject to this section shall have all registeredvehicles owned by that person equipped with a functioning ignition interlocksystem of a type approved by the Commissioner, unless the Division determinesthat one or more specific registered vehicles owned by that person are reliedupon by another member of that person's family for transportation and that thevehicle is not in the possession of the person subject to this section.
(d) Effect of LimitedDriving Privileges. If the person was eligible for and received a limiteddriving privilege under G.S. 20‑179.3, with the ignition interlockrequirement contained in G.S. 20‑179.3(g5), the period of time for whichthat limited driving privilege was held shall be applied towards therequirements of subsection (c).
(e) Notice ofRequirement. When a court reports to the Division a conviction of a personwho is subject to this section, the Division must send the person writtennotice of the requirements of this section and of the consequences of failingto comply with these requirements. The notification must include a statementthat the person may contact the Division for information on obtaining andhaving installed an ignition interlock system of a type approved by theCommissioner.
(f) Effect ofViolation of Restriction. A person subject to this section who violates anyof the restrictions of this section commits the offense of driving whilelicense revoked under G.S. 20‑28(a) and is subject to punishment andlicense revocation as provided in that section. If a law enforcement officerhas reasonable grounds to believe that a person subject to this section hasconsumed alcohol while driving or has driven while he has remaining in his bodyany alcohol previously consumed, the suspected offense of driving while licenseis revoked is an alcohol‑related offense subject to the implied‑consentprovisions of G.S. 20‑16.2. If a person subject to this section ischarged with driving while license revoked by violating a condition ofsubsection (b) of this section, and a judicial official determines that thereis probable cause for the charge, the person's license is suspended pending theresolution of the case, and the judicial official must require the person tosurrender the license. The judicial official must also notify the person thathe is not entitled to drive until his case is resolved. An alcoholconcentration report from the ignition interlock system shall not be admissibleas evidence of driving while license revoked, nor shall it be admissible in anadministrative revocation proceeding as provided in subsection (g) of thissection, unless the person operated a vehicle when the ignition interlocksystem indicated an alcohol concentration in violation of the restrictionplaced upon the person by subdivision (b)(3) of this section. If a personsubject to this section is charged with driving while license revoked byviolating the requirements of subsection (c1) of this section, and no otherviolation of this section is alleged, the court may make a determination at thehearing of the case that the vehicle, on which the ignition interlock systemwas not installed, was relied upon by another member of that person's familyfor transportation and that the vehicle was not in the possession of the personsubject to this section, and therefore the vehicle was not required to beequipped with a functioning ignition interlock system. If the court determinesthat the vehicle was not required to be equipped with a functioning ignitioninterlock system and the person subject to this section has committed no otherviolation of this section, the court shall find the person not guilty ofdriving while license revoked.
(g) Effect of Violationof Restriction When Driving While License Revoked Not Charged. A personsubject to this section who violates any of the restrictions of this section,but is not charged or convicted of driving while license revoked pursuant toG.S. 20‑28(a), shall have the person's license revoked by the Divisionfor a period of one year.
(h) Beginning ofRevocation Period. If the original period of revocation was imposed pursuantto G.S. 20‑19(d) or (e), any remaining period of the original revocation,prior to its reduction, shall be reinstated and the revocation required bysubsection (f) or (g) of this section begins after all other periods ofrevocation have terminated.
(i) Notification ofRevocation. If the person's license has not already been surrendered to thecourt, the Division must expeditiously notify the person that the person'slicense to drive is revoked pursuant to subsection (f) or (g) of this sectioneffective on the tenth calendar day after the mailing of the revocation order.
(j) Right to HearingBefore Division; Issues. If the person's license is revoked pursuant tosubsection (g) of this section, before the effective date of the order issuedunder subsection (i) of this section, the person may request in writing ahearing before the Division. Except for the time referred to in G.S. 20‑16.5,if the person shows to the satisfaction of the Division that the person'slicense was surrendered to the court and remained in the court's possession,then the Division shall credit the amount of time for which the license was inthe possession of the court against the revocation period required bysubsection (g) of this section. If the person properly requests a hearing, theperson retains the person's license, unless it is revoked under some otherprovision of law, until the hearing is held, the person withdraws the request,or the person fails to appear at a scheduled hearing. The hearing officer maysubpoena any witnesses or documents that the hearing officer deems necessary.The person may request the hearing officer to subpoena the charging officer,the chemical analyst, or both to appear at the hearing if the person makes therequest in writing at least three days before the hearing. The person maysubpoena any other witness whom the person deems necessary, and the provisionsof G.S. 1A‑1, Rule 45, apply to the issuance and service of all subpoenasissued under the authority of this section. The hearing officer is authorizedto administer oaths to witnesses appearing at the hearing. The hearing must beconducted in the county where the charge was brought, and must be limited toconsideration of whether:
(1) The drivers licenseof the person had an ignition interlock requirement; and
(2) The person:
a. Was driving avehicle that was not equipped with a functioning ignition interlock system; or
b. Did not personallyactivate the ignition interlock system before driving the vehicle; or
c. Drove the vehicle inviolation of an applicable alcohol concentration restriction prescribed bysubdivision (b)(3) of this section.
Ifthe Division finds that the conditions specified in this subsection are met, itmust order the revocation sustained. If the Division finds that the conditionof subdivision (1) is not met, or that none of the conditions of subdivision(2) are met, it must rescind the revocation. If the revocation is sustained,the person must surrender the person's license immediately upon notification bythe Division. If the revocation is sustained, the person may appeal thedecision of the Division pursuant to G.S. 20‑25.
(k) Restoration AfterViolation. When the Division restores the license of a person whose licensewas revoked pursuant to subsection (f) or (g) of this section and therevocation occurred prior to completion of time period required by subsection(c) of this section, in addition to any other restriction or condition, itshall require the person to comply with the conditions of subsection (b) ofthis section until the person has complied with those conditions for thecumulative period of time as set forth in subsection (c) of this section. Theperiod of time for which the person successfully complied with subsection (b)of this section prior to revocation pursuant to subsection (f) or (g) of thissection shall be applied towards the requirements of subsection (c) of thissection.
(l) Medical Exceptionto Requirement. A person subject to this section who has a medicallydiagnosed physical condition that makes the person incapable of personallyactivating an ignition interlock system may request an exception to therequirements of this section from the Division. The Division shall not issue anexception to this section unless the person has submitted to a physicalexamination by two or more physicians or surgeons duly licensed to practicemedicine in this State or in any other state of the United States and unlesssuch examining physicians or surgeons have completed and signed a certificatein the form prescribed by the Division. Such certificate shall be devised bythe Commissioner with the advice of those qualified experts in the field ofdiagnosing and treating physical disorders that the Commissioner may select andshall be designed to elicit the maximum medical information necessary to aid indetermining whether or not the person is capable of personally activating anignition interlock system. The certificate shall contain a waiver of privilegeand the recommendation of the examining physician to the Commissioner as towhether the person is capable of personally activating an ignition interlocksystem.
The Commissioner is not boundby the recommendations of the examining physicians but shall give fairconsideration to such recommendations in acting upon the request for medicalexception, the criterion being whether or not, upon all the evidence, itappears that the person is in fact incapable of personally activating anignition interlock system. The burden of proof of such fact is upon the personseeking the exception.
Whenever an exception isdenied by the Commissioner, such denial may be reviewed by a reviewing boardupon written request of the person seeking the exception filed with theDivision within 10 days after receipt of such denial. The composition,procedures, and review of the reviewing board shall be as provided in G.S. 20‑9(g)(4). (1999‑406,s. 3; 2000‑155, ss. 1‑3; 2001‑487, s. 8; 2006‑253, ss.22.3, 22.4; 2007‑493, ss. 5, 10, 28; 2009‑369, ss. 5, 6.)
§ 20‑17.8. (For changein effective date, see Editor's note) Restoration of a license after certaindriving while impaired convictions; ignition interlock.
(a) Scope. Thissection applies to a person whose license was revoked as a result of aconviction of driving while impaired, G.S. 20‑138.1, and:
(1) The person had analcohol concentration of 0.15 or more; or
(2) The person has beenconvicted of another offense involving impaired driving, which offense occurredwithin seven years immediately preceding the date of the offense for which theperson's license has been revoked.
For purposes of subdivision(1) of this subsection, the results of a chemical analysis, as shown by anaffidavit or affidavits executed pursuant to G.S. 20‑16.2(c1), shall beused by the Division to determine that person's alcohol concentration.
(a1) (Expires December1, 2014) Additional Scope. This section applies to a person whose licensewas revoked as a result of a conviction of habitual impaired driving, G.S. 20‑138.5.
(b) (Effective untilDecember 1, 2014) Ignition Interlock Required. Except as provided insubsection (l) of this section, when the Division restores the license of aperson who is subject to this section, in addition to any other restriction orcondition, it shall require the person to agree to and shall indicate on theperson's drivers license the following restrictions for the period designatedin subsection (c):
(1) A restriction thatthe person may operate only a vehicle that is equipped with a functioning ignitioninterlock system of a type approved by the Commissioner. The Commissioner shallnot unreasonably withhold approval of an ignition interlock system and shallconsult with the Division of Purchase and Contract in the Department ofAdministration to ensure that potential vendors are not discriminated against.
(2) A requirement thatthe person personally activate the ignition interlock system before driving themotor vehicle.
(3) An alcoholconcentration restriction as follows:
a. If the ignitioninterlock system is required pursuant only to subdivision (a)(1) of thissection, a requirement that the person not drive with an alcohol concentrationof 0.04 or greater;
b. If the ignitioninterlock system is required pursuant to subdivision (a)(2) or subsection (a1)of this section, a requirement that the person not drive with an alcoholconcentration of greater than 0.00; or
c. If the ignitioninterlock system is required pursuant to subdivision (a)(1) of this section,and the person has also been convicted, based on the same set of circumstances,of: (i) driving while impaired in a commercial vehicle, G.S. 20‑138.2,(ii) driving while less than 21 years old after consuming alcohol or drugs,G.S. 20‑138.3, (iii) a violation of G.S. 20‑141.4, or (iv)manslaughter or negligent homicide resulting from the operation of a motorvehicle when the offense involved impaired driving, a requirement that theperson not drive with an alcohol concentration of greater than 0.00.
(b) (EffectiveDecember 1, 2014) Ignition Interlock Required. Except as provided insubsection (l) of this section, when the Division restores the license of aperson who is subject to this section, in addition to any other restriction orcondition, it shall require the person to agree to and shall indicate on theperson's drivers license the following restrictions for the period designatedin subsection (c):
(1) A restriction thatthe person may operate only a vehicle that is equipped with a functioningignition interlock system of a type approved by the Commissioner. TheCommissioner shall not unreasonably withhold approval of an ignition interlocksystem and shall consult with the Division of Purchase and Contract in theDepartment of Administration to ensure that potential vendors are not discriminatedagainst.
(2) A requirement thatthe person personally activate the ignition interlock system before driving themotor vehicle.
(3) An alcoholconcentration restriction as follows:
a. If the ignitioninterlock system is required pursuant only to subdivision (a)(1) of thissection, a requirement that the person not drive with an alcohol concentrationof 0.04 or greater;
b. If the ignitioninterlock system is required pursuant to subdivision (a)(2) of this section, arequirement that the person not drive with an alcohol concentration of greaterthan 0.00; or
c. If the ignitioninterlock system is required pursuant to subdivision (a)(1) of this section,and the person has also been convicted, based on the same set of circumstances,of: (i) driving while impaired in a commercial vehicle, G.S. 20‑138.2,(ii) driving while less than 21 years old after consuming alcohol or drugs,G.S. 20‑138.3, (iii) a violation of G.S. 20‑141.4, or (iv)manslaughter or negligent homicide resulting from the operation of a motor vehiclewhen the offense involved impaired driving, a requirement that the person notdrive with an alcohol concentration of greater than 0.00.
(c) Length ofRequirement. The requirements of subsection (b) shall remain in effect for:
(1) One year from thedate of restoration if the original revocation period was one year;
(2) Three years from thedate of restoration if the original revocation period was four years; or
(3) Seven years from thedate of restoration if the original revocation was a permanent revocation.
(c1) Vehicles Subject toRequirement. A person subject to this section shall have all registeredvehicles owned by that person equipped with a functioning ignition interlocksystem of a type approved by the Commissioner, unless the Division determinesthat one or more specific registered vehicles owned by that person are reliedupon by another member of that person's family for transportation and that thevehicle is not in the possession of the person subject to this section.
(d) Effect of LimitedDriving Privileges. If the person was eligible for and received a limiteddriving privilege under G.S. 20‑179.3, with the ignition interlockrequirement contained in G.S. 20‑179.3(g5), the period of time for whichthat limited driving privilege was held shall be applied towards therequirements of subsection (c).
(e) Notice ofRequirement. When a court reports to the Division a conviction of a personwho is subject to this section, the Division must send the person writtennotice of the requirements of this section and of the consequences of failingto comply with these requirements. The notification must include a statementthat the person may contact the Division for information on obtaining andhaving installed an ignition interlock system of a type approved by theCommissioner.
(f) Effect ofViolation of Restriction. A person subject to this section who violates anyof the restrictions of this section commits the offense of driving whilelicense revoked under G.S. 20‑28(a) and is subject to punishment andlicense revocation as provided in that section. If a law enforcement officerhas reasonable grounds to believe that a person subject to this section hasconsumed alcohol while driving or has driven while he has remaining in his bodyany alcohol previously consumed, the suspected offense of driving while licenseis revoked is an alcohol‑related offense subject to the implied‑consentprovisions of G.S. 20‑16.2. If a person subject to this section ischarged with driving while license revoked by violating a condition ofsubsection (b) of this section, and a judicial official determines that thereis probable cause for the charge, the person's license is suspended pending theresolution of the case, and the judicial official must require the person tosurrender the license. The judicial official must also notify the person thathe is not entitled to drive until his case is resolved. An alcoholconcentration report from the ignition interlock system shall not be admissibleas evidence of driving while license revoked, nor shall it be admissible in anadministrative revocation proceeding as provided in subsection (g) of thissection, unless the person operated a vehicle when the ignition interlocksystem indicated an alcohol concentration in violation of the restrictionplaced upon the person by subdivision (b)(3) of this section. If a personsubject to this section is charged with driving while license revoked byviolating the requirements of subsection (c1) of this section, and no otherviolation of this section is alleged, the court may make a determination at thehearing of the case that the vehicle, on which the ignition interlock systemwas not installed, was relied upon by another member of that person's familyfor transportation and that the vehicle was not in the possession of the personsubject to this section, and therefore the vehicle was not required to beequipped with a functioning ignition interlock system. If the court determinesthat the vehicle was not required to be equipped with a functioning ignitioninterlock system and the person subject to this section has committed no otherviolation of this section, the court shall find the person not guilty ofdriving while license revoked.
(g) Effect of Violationof Restriction When Driving While License Revoked Not Charged. A personsubject to this section who violates any of the restrictions of this section,but is not charged or convicted of driving while license revoked pursuant toG.S. 20‑28(a), shall have the person's license revoked by the Divisionfor a period of one year.
(h) Beginning ofRevocation Period. If the original period of revocation was imposed pursuantto G.S. 20‑19(d) or (e), any remaining period of the original revocation,prior to its reduction, shall be reinstated and the revocation required bysubsection (f) or (g) of this section begins after all other periods ofrevocation have terminated.
(i) Notification ofRevocation. If the person's license has not already been surrendered to thecourt, the Division must expeditiously notify the person that the person'slicense to drive is revoked pursuant to subsection (f) or (g) of this sectioneffective on the tenth calendar day after the mailing of the revocation order.
(j) Right to HearingBefore Division; Issues. If the person's license is revoked pursuant tosubsection (g) of this section, before the effective date of the order issuedunder subsection (i) of this section, the person may request in writing ahearing before the Division. Except for the time referred to in G.S. 20‑16.5,if the person shows to the satisfaction of the Division that the person'slicense was surrendered to the court and remained in the court's possession,then the Division shall credit the amount of time for which the license was inthe possession of the court against the revocation period required bysubsection (g) of this section. If the person properly requests a hearing, theperson retains the person's license, unless it is revoked under some otherprovision of law, until the hearing is held, the person withdraws the request,or the person fails to appear at a scheduled hearing. The hearing officer maysubpoena any witnesses or documents that the hearing officer deems necessary.The person may request the hearing officer to subpoena the charging officer,the chemical analyst, or both to appear at the hearing if the person makes therequest in writing at least three days before the hearing. The person maysubpoena any other witness whom the person deems necessary, and the provisionsof G.S. 1A‑1, Rule 45, apply to the issuance and service of all subpoenasissued under the authority of this section. The hearing officer is authorizedto administer oaths to witnesses appearing at the hearing. The hearing must beconducted in the county where the charge was brought, and must be limited toconsideration of whether:
(1) The drivers licenseof the person had an ignition interlock requirement; and
(2) The person:
a. Was driving avehicle that was not equipped with a functioning ignition interlock system; or
b. Did not personallyactivate the ignition interlock system before driving the vehicle; or
c. Drove the vehicle inviolation of an applicable alcohol concentration restriction prescribed bysubdivision (b)(3) of this section.
Ifthe Division finds that the conditions specified in this subsection are met, itmust order the revocation sustained. If the Division finds that the conditionof subdivision (1) is not met, or that none of the conditions of subdivision(2) are met, it must rescind the revocation. If the revocation is sustained,the person must surrender the person's license immediately upon notification bythe Division. If the revocation is sustained, the person may appeal thedecision of the Division pursuant to G.S. 20‑25.
(k) Restoration AfterViolation. When the Division restores the license of a person whose licensewas revoked pursuant to subsection (f) or (g) of this section and therevocation occurred prior to completion of time period required by subsection(c) of this section, in addition to any other restriction or condition, itshall require the person to comply with the conditions of subsection (b) ofthis section until the person has complied with those conditions for thecumulative period of time as set forth in subsection (c) of this section. Theperiod of time for which the person successfully complied with subsection (b)of this section prior to revocation pursuant to subsection (f) or (g) of thissection shall be applied towards the requirements of subsection (c) of thissection.
(l) Medical Exceptionto Requirement. A person subject to this section who has a medicallydiagnosed physical condition that makes the person incapable of personallyactivating an ignition interlock system may request an exception to therequirements of this section from the Division. The Division shall not issue anexception to this section unless the person has submitted to a physicalexamination by two or more physicians or surgeons duly licensed to practicemedicine in this State or in any other state of the United States and unlesssuch examining physicians or surgeons have completed and signed a certificatein the form prescribed by the Division. Such certificate shall be devised bythe Commissioner with the advice of those qualified experts in the field ofdiagnosing and treating physical disorders that the Commissioner may select andshall be designed to elicit the maximum medical information necessary to aid indetermining whether or not the person is capable of personally activating anignition interlock system. The certificate shall contain a waiver of privilegeand the recommendation of the examining physician to the Commissioner as towhether the person is capable of personally activating an ignition interlocksystem.
The Commissioner is not boundby the recommendations of the examining physicians but shall give fairconsideration to such recommendations in acting upon the request for medicalexception, the criterion being whether or not, upon all the evidence, itappears that the person is in fact incapable of personally activating anignition interlock system. The burden of proof of such fact is upon the personseeking the exception.
Whenever an exception isdenied by the Commissioner, such denial may be reviewed by a reviewing boardupon written request of the person seeking the exception filed with theDivision within 10 days after receipt of such denial. The composition,procedures, and review of the reviewing board shall be as provided in G.S. 20‑9(g)(4). (1999‑406,s. 3; 2000‑155, ss. 1‑3; 2001‑487, s. 8; 2006‑253, ss.22.3, 22.4; 2007‑493, ss. 5, 10, 28; 2009‑369, ss. 5, 6.)
