AN ACT to provide that a person subject to an ignition interlock system requirement shall have the person's period of compliance with the requirement extended if the person commits an ignition interlock system violation during the NINETY‑day period immediately preceding the date the person's initial period of compliance is to end.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑179.3 reads as rewritten:

§ 20‑179.3.  Limited driving privilege.

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(g5)      Ignition Interlock Required. – If a person's drivers license is revoked for a conviction of G.S. 20‑138.1, and the person had an alcohol concentration of 0.15 or more, a judge shall include all of the following in a limited driving privilege order:

(1)        A restriction that the applicant may operate only a designated motor vehicle.

(2)        A requirement that the designated motor vehicle be equipped with a functioning ignition interlock system of a type approved by the Commissioner, which is set to prohibit driving with an alcohol concentration of greater than 0.02. The Commissioner shall not unreasonably withhold approval of an ignition interlock system and shall consult with the Division of Purchase and Contract in the Department of Administration to ensure that potential vendors are not discriminated against.

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

If the limited driving privilege order includes the restrictions set forth in this subsection, then the limitations set forth in subsections (a), (f), (g), (g1), and (g2) of this section do not apply when the person is operating the designated motor vehicle with a functioning ignition interlock system. For purposes of this subsection, the results of a chemical analysis presented at trial or sentencing shall be sufficient to prove a person's alcohol concentration, shall be conclusive, and shall not be subject to modification by any party, with or without approval by the court.

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(j)         Effect of Violation of Restriction. – A Except as otherwise provided in subsection (j2) of this section, a person holding a limited driving privilege who violates any of its restrictions commits the offense of driving while license is revoked for impaired driving under G.S. 20‑28(a1) and is subject to punishment and license revocation as provided in that section. If a law‑enforcement officer has reasonable grounds to believe that the person holding a limited driving privilege has consumed alcohol while driving or has driven while the person has remaining in the person's body any alcohol previously consumed, the suspected offense of driving while license is revoked is an alcohol‑related offense subject to the implied‑consent provisions of G.S. 20‑16.2. If a person holding a limited driving privilege is charged with driving while license revoked by violating a restriction contained in the limited driving privilege, and a judicial official determines that there is probable cause for the charge, the limited driving privilege is suspended pending the resolution of the case, and the judicial official must require the person to surrender the limited driving privilege. The judicial official must also notify the person that the person is not entitled to drive until the case is resolved.

Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violating this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to the manner of its use.

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(j2)       Effect of Ignition Interlock System Violation During Final 90‑Day Period. – Notwithstanding subsection (j) of this section, a person holding a limited driving privilege, including the restriction set forth in subsection (g5) of this section who commits an ignition interlock system violation during the 90‑day period immediately preceding the date on which the person's compliance with subsection (g5) of this section is to end shall have the period of compliance with subsection (g5) of this section extended for an additional period of 90 days or until the person has been violation‑free for such extended period. For purposes of this subsection, the term ignition interlock system violation means any of the following:

(1)        A violation of any of the restrictions set forth in subsection (g5) of this section.

(2)        A violation of G.S. 20‑17.8A.

(3)        A violation of any of the rules established by the Division for use of an ignition interlock system on a designated motor vehicle.

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SECTION 2.  G.S. 20‑17.8 reads as rewritten:

§ 20‑17.8.  Restoration of a license after certain driving while impaired convictions; ignition interlock.

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(b)        Ignition Interlock Required. – Except as provided in subsection (l) of this section, when the Division restores the license of a person who is subject to this section, in addition to any other restriction or condition, it shall require the person to agree to and shall indicate on the person's drivers license the following restrictions for the period designated in subsection (c):

(1)        A restriction that the person may operate only a vehicle that is equipped with a functioning ignition interlock system of a type approved by the Commissioner. The Commissioner shall not unreasonably withhold approval of an ignition interlock system and shall consult with the Division of Purchase and Contract in the Department of Administration to ensure that potential vendors are not discriminated against.

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

(3)        A requirement that the person not drive with an alcohol concentration of 0.02 or greater.

(c)        Length of Requirement. – The Except as otherwise provided in subsection (g1) of this section, the requirements of subsection (b) shall remain in effect for one of the following:

(1)        One year from the date of restoration if the original revocation period was one year.

(2)        Three years from the date of restoration if the original revocation period was four years.

(3)        Seven years from the date of restoration if the original revocation was a permanent revocation.

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(f)        Effect of Violation of Restriction. – A Except as otherwise provided in subsection (g1) of this section, a person subject to this section who violates any of the restrictions of this section commits the offense of driving while license revoked for impaired driving under G.S. 20‑28(a1) and is subject to punishment and license revocation as provided in that section. If a law enforcement officer has reasonable grounds to believe that a person subject to this section has consumed alcohol while driving or has driven while he has remaining in his body any alcohol previously consumed, the suspected offense of driving while license is revoked is an alcohol‑related offense subject to the implied‑consent provisions of G.S. 20‑16.2. If a person subject to this section is charged with driving while license revoked by violating a condition of subsection (b) of this section, and a judicial official determines that there is probable cause for the charge, the person's license is suspended pending the resolution of the case, and the judicial official must require the person to surrender the license. The judicial official must also notify the person that he is not entitled to drive until his case is resolved. An alcohol concentration report from the ignition interlock system shall not be admissible as evidence of driving while license revoked, nor shall it be admissible in an administrative revocation proceeding as provided in subsection (g) of this section, unless the person operated a vehicle when the ignition interlock system indicated an alcohol concentration in violation of the restriction placed upon the person by subdivision (b)(3) of this section.

(g)        Effect of Violation of Restriction When Driving While License Revoked Not Charged. – A Except as otherwise provided in subsection (g1) of this section, a person subject to this section who violates any of the restrictions of this section, but is not charged or convicted of driving while license revoked pursuant to G.S. 20‑28(a), shall have the person's license revoked by the Division for a period of one year.

(g1)      Effect of Ignition Interlock System Violation During Final 90‑Day Period. – Notwithstanding subsections (f) or (g) of this section, a person subject to this section who commits an ignition interlock system violation during the 90‑day period immediately preceding the date on which the person's length of requirement set forth in subsection (c) of this section is to end shall have the period of compliance with subsection (b) of this section extended for an additional period of 90 days or until the person has been violation‑free for such extended period. For purposes of this subsection, the term ignition interlock system violation means any of the following:

(1)        A violation of any of the restrictions set forth in subsection (b) of this section.

(2)        A violation of G.S. 20‑17.8A.

(3)        A violation of any of the rules established by the Division for use of an ignition interlock system on a designated motor vehicle.

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SECTION 3.  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

SECTION 4.  There is appropriated from the General Fund to the Division of Motor Vehicles the sum of fifty thousand dollars ($50,000) in nonrecurring funds for the 2024‑2025 fiscal year to use for costs incurred by the Division from implementing the provisions set forth in Sections 1 and 2 of this act.

SECTION 5.  Section 1 of this act becomes effective July 1, 2024, and applies to limited driving privileges issued on or after that date. Section 2 of this act becomes effective July 1, 2024, and applies to drivers licenses revoked on or after that date. The remainder of this act becomes effective July 1, 2024.