GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S                                                                                                                                                     1

SENATE BILL 21

 

 

Short Title:      DL Restoration/DWI Treatment Court.

(Public)

Sponsors:

Senators J. Davis, Van Duyn (Primary Sponsors);  and Waddell.

Referred to:

Rules and Operations of the Senate

February 1, 2017

A BILL TO BE ENTITLED

AN ACT to authorize the division of motor vehicles to conditionally restore the drivers licenseS of persons who have successfully completed a drug treatment or dwi treatment court program.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑19 is amended by adding a new subsection to read:

"(d1)    Notwithstanding any other provision of law, when a person's license is revoked for an impaired driving offense and the person is sentenced pursuant to G.S. 20‑179, the Division may conditionally restore the person's license after it has been revoked for at least one year if the person (i) provides the Division with a certificate of graduation from a Drug Treatment or Driving While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of Chapter 7A of the General Statutes, (ii) provides the Division with a letter of recommendation from the presiding judge of the Drug Treatment or DWI Treatment Court, and (iii) pays, in addition to any other applicable fees, a fee of twenty‑five dollars ($25.00). The twenty‑five‑dollar ($25.00) fee shall be deposited in the Highway Fund. If the Division restores the person's license, it shall place all of the following restrictions, requirements, and conditions on the person for the duration of the original revocation period:

(1)        A requirement that all registered vehicles owned by that person be equipped with a functioning ignition interlock system in accordance with G.S. 20‑17.8(c1).

(2)        A restriction that the person may operate only a motor vehicle equipped with a functioning ignition interlock system of a type approved by the Commissioner that is set to prohibit driving with an alcohol concentration of greater than 0.00.

(3)        A requirement that the person personally activate the ignition interlock system before driving the motor vehicle.

In addition, the Division may place other reasonable restrictions, requirements, and conditions on the person for the duration of the original revocation period."

SECTION 2.  This act becomes effective December 1, 2017.