NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 619

HOUSE BILL 283

 

 

AN ACT TO AMEND THE LAWS RELATING TO DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR NARCOTIC DRUGS TO INCLUDE OTHER IMPAIRING DRUGS AND TO MAKE ADDITIONAL CHANGES TO BRING G.S. 20-138 AND RELATED SECTIONS INTO SUBSTANTIAL CONFORMITY WITH THE PROVISIONS OF THE UNIFORM VEHICLE CODE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 20-138 is amended by rewriting the same to read as follows:

"§ 20-138.  Persons under the influence of intoxicating liquor. — It is unlawful and punishable as provided in G.S. 20-179 for any person who is under the influence of intoxicating liquor to drive or operate any vehicle upon any highway or any public vehicular area within this State."

Sec. 2.  G.S. 20-139 is amended by rewriting the same to read as follows:

"§ 20-139.  Persons under the influence of drugs. — (a) It is unlawful and punishable as provided in G.S. 20-179 for any person who is an habitual user of any narcotic drug to drive or operate any vehicle upon any highway or public vehicular area within this State

(b)        It is unlawful and punishable as provided in G.S. 20-179 for any person, who is under the influence of any narcotic drug or who is under the influence of any other drug to such degree that his physical or mental faculties are appreciably impaired, to drive or operate a motor vehicle upon any highway or public vehicular area within this State.

(c)        The term 'narcotic drug' as used in this Chapter shall have the meaning assigned to the term in Chapter 90 of the General Statutes."

Sec. 3.  G.S. 20-46.2(a) is amended by rewriting the first two sentences thereof to read as follows:

"(a)       Any person who drives or operates a motor vehicle upon any highway or any public vehicular area shall be deemed to have given consent, subject to the provisions of G.S. 20‑139.1, to a chemical test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or operating a motor vehicle while under the influence of intoxicating liquor. The test or tests shall be administered at the request of a law-enforcement officer having reasonable grounds to believe the person to have been driving or operating a motor vehicle on a highway or public vehicular area while under the influence of intoxicating liquor."

Sec. 4.  G.S. 20-46.2(c) is amended by rewriting the first sentence thereof to read as follows:

"(c)       If a person under arrest willfully refuses upon the request of a law-enforcement officer to submit to a chemical test designated by the law-enforcement officer as provided in subsection (a) of this section, none shall be given, but the Department, upon the receipt of a sworn report of the law-enforcement officer or other witness that the arrested person had been driving or operating a motor vehicle upon a highway or public vehicular area while under the influence of intoxicating liquor and that the person had willfully refused to submit to the test upon the request of the law-enforcement officer, shall revoke his driving privilege for a period of 60 days."

Sec. 5.  G.S. 20-16.2(d) is amended by rewriting the third sentence thereof to read as follows:

"The hearing shall be conducted under the same conditions as hearings are conducted under the provisions of G.S. 20-16(d) except that the scope of such hearing for the purpose of this section shall cover the issues of whether the law-enforcement officer had reasonable grounds to believe the person had been driving or operating a motor vehicle upon a highway or public vehicular area while under the influence of intoxicating liquor, whether the person was placed under arrest, and whether he wilfully refused to submit to the test upon the request of the officer."

Sec. 5(a).  G.S. 20-16.2(d) is amended by inserting immediately after the first sentence thereof a new sentence to read as follows:

"If at least 3 days prior to hearing, the licensee shall so request of the hearing officer, the hearing officer shall subpoena the arresting officer and any other witnesses requested by the licensee to personally appear and give testimony at the hearing."

Sec. 6.  G.S. 20-16.2 is amended by adding at the end thereof a new subsection to be designated "(g)" to read as follows:

"(g)       As used in this section, the term 'public vehicular area' shall mean and include any drive, driveway, road, roadway, street, or alley upon the grounds and premises of any public or private hospital, college, university, school, orphanage, church, or any of the institutions maintained and supported by the State of North Carolina, or any of its subdivisions or upon the grounds and premises of any service station, drive-in theater, supermarket, store, restaurant or office building, or any other business or municipal establishment providing parking space for customers, patrons, or the public."

Sec. 7.  G.S. 20-17(2) is amended by rewriting the same to read as follows:

"(2)      Driving or operating a vehicle within this State while under the influence of intoxicating liquor or while under the influence of an impairing drug as defined in G.S. 20‑49(h)."

Sec. 8.  G.S. 20-49(d), as the same appears in the 1965 Replacement Volume 1C of the General Statutes, is amended by deleting the first two lines of the subsection and inserting in lieu thereof the following:

"(d)      When a license is revoked because of a second conviction for driving or operating a vehicle while under the influence of intoxicating liquor or while under the influence of an impairing drug, occurring within three".

Sec. 9.  G.S. 20-49(e), as the same appears in the 1969 Cumulative Supplement to the 1965 Replacement Volume 1C of the General Statutes, is amended by deleting the first two lines of the subsection and inserting in lieu thereof the following:

"(e)       When a license is revoked because of a third or subsequent conviction for driving or operating a vehicle while under the influence of intoxicating liquor or while under the influence of an impairing drug, occurring".

Sec. 10.  G.S. 20-19 is amended by adding at the end thereof a new subsection to be designated "(h)" to read as follows:

"(h)       As used in this section, the term 'under the influence of an impairing drug' shall mean under the influence of any narcotic drug or under the influence of any other drug to such degree that a person's physical or mental faculties are appreciably impaired."

Sec. 11.  G.S. 20-23.2, as the same appears in the 1969 Cumulative Supplement to the 1965 Replacement Volume 1C of the General Statutes, is amended by deleting the second and third lines of the section and inserting in lieu thereof the following:

"government sitting in North Carolina of the offense of driving or operating a vehicle while under the influence of intoxicating liquor or while under the influence of an impairing drug as defined in G.S. 20‑19(h), the Department is authorized to revoke the driv-".

Sec. 12.  G.S. 20-139.1(a) is amended by deleting the first five lines of the section and inserting in lieu thereof the following:

"(a)       In any criminal action arising out of acts alleged to have been committed by any person while driving or operating a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's breath or blood shall be admissible in evidence and shall give rise to the following presumptions:".

Sec. 13.  G.S. 20-139.1(f) is amended by rewriting the same to read as follows:

"(f)       If a person under arrest refuses to submit to a chemical test or tests under the provisions of G.S. 20-16.2, evidence of refusal shall be admissible in any criminal action arising out of acts alleged to have been committed while the person was driving or operating a vehicle while under the influence of intoxicating liquor."

Sec. 14.  G.S. 20-479(a) is amended by rewriting the same to read as follows:

"§ 20-179.  Penalty for driving or operating vehicle while under the influence of intoxicating liquor, narcotic drugs, or other impairing drugs; limited driving permits for first offenders. — (a) Every person who is convicted of violating G.S. 20-138, G.S. 20-139(a), or G.S. 20-439(b) shall be punished as follows:

(1)        For the first offense, a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), by imprisonment for not less than 30 days nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

(2)        For a second conviction of any offense under G.S. 20-138, G.S. 20-439(a), or G.S. 20-139(b), by a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), by imprisonment for not less than two months nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

(3)        For a third or subsequent conviction of any offense under G.S. 20-138, G.S. 20-439(a), or G.S. 20-139(b), by a fine of not less than five hundred dollars ($500.00), by imprisonment for not more than two years, or by both such fine and imprisonment, in the discretion of the court."

Sec. 15.  G.S. 20-479(b)(2), as the same appears in the 1969 Cumulative Supplement to the 1965 Replacement Volume 1C of the General Statutes, is amended by rewriting the first paragraph of the text of the judgment set out therein to read as follows:

"This cause coming on to be heard and being heard before the Honorable_____________, Judge presiding, and it appearing to the Court that the defendant,______________, has been convicted of the offense of (describe offense under G.S. 20-138, G.S.20-139(a), or G.S. 20‑439(b) or as appropriate), and it further appearing to the Court that the defendant should be issued a restricted driving license and is entitled to the issuance of a restricted driving privilege under and by the authority of General Statutes 20-479(b);"

Sec. 16.  This act shall become effective on October 1, 1971.

In the General Assembly read three times and ratified, this the 21st day of June, 1971.