The Sober Operator Act of 2025.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 108

Short Title: The Sober Operator Act of 2025. (Public)
Sponsors: Representatives Clampitt, Ager, Kidwell, and Echevarria (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Alcoholic Beverage Control, if favorable, State and Local Government, if
favorable, Judiciary 2, if favorable, Transportation, if favorable, Rules, Calendar,
and Operations of the House
February 13, 2025
*H108-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW ONLY SOBER DRIVERS TO OPERATE VEHICLES AND VESSELS 2
AND SAVE LIVES OF OP ERATORS, PASSENGERS, AND PEDESTRIANS BY 3
LOWERING THE ALCOHOL CONCENTRATION LEGAL LIMIT FOR OPERATING A 4
VEHICLE OR VESSEL FR OM 0.08 TO 0.05; TO INCREASE EFFICIENCY IN THE 5
IMMEDIATE CIVIL PRET RIAL REVOCATION OF D RIVERS LICENSES; TO 6
REQUIRE IMPAIRED DRI VERS TO PAY THEIR FA IR SHARE OF THE COST S OF 7
THEIR PROCESSING; TO REDUCE UNNECESSARY MOTIONS BY ADMITTING 8
ALCOHOL AND DRUG SCREENING TESTS TO PROVE THE ARRESTING OFFICER 9
HAD PROBABLE CAUSE; TO ASSURE TRANSPARENCY IN THE COURTS SO THAT 10
ALL OPERATORS ARE TR EATED EQUALLY AND AL L USERS OF THE STREE TS 11
AND WATERWAYS THROUG HOUT THE STATE HAVE EQUAL PROTECTION 12
FROM IMPAIRED DRIVER S BY REQUIRING VIDEO RECORDING OF DISTRICT 13
COURT PROCEEDINGS AN D PUBLISHING REPORTS OF HOW IMPAIRED 14
DRIVING CASES ARE RE SOLVED; TO ALLOW REP EAT OFFENDERS A METHOD 15
TO PROVE THEIR SOBRI ETY AND OBTAIN A LEG AL METHOD TO OPERATE A 16
VEHICLE; AND TO REVI SE THE PUNISHMENT IM POSED ON A PERSON OV ER 17
LAWFUL AGE WHO AIDS AND ABETS A PERSON U NDER LAWFUL AGE IN T HE 18
SALE OR PURCHASE OF ALCOHOLIC BEVERAGES IF SERIOUS BODILY INJURY 19
RESULTS. 20
The General Assembly of North Carolina enacts: 21
22
TITLE OF ACT 23
SECTION 1. This act shall be known as "The Sober Operator Act of 2025." 24
25
REVISIONS RELATING TO LOWERING THE ALCOHOL CONCENTRATION 26
LEGAL LIMIT FROM 0.08 TO 0.05 WHEN OPERATING A VEHICLE OR VESSEL 27
AND INCREASE EFFICIENCY IN ADMINISTERING THE IMMEDIATE CIVIL 28
PRETRIAL REVOCATION 29
SECTION 2.(a) G.S. 20-12.1(a)(2) reads as rewritten: 30
"(2) After having consumed sufficient alcohol to have, at any relevant time after 31
the driving, an alcohol concentration of 0.08 0.05 or more." 32
SECTION 2.(b) G.S. 20-16.2 reads as rewritten: 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 108-First Edition
"§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event 1
of refusal; right of driver to request analysis. 2
(a) Basis for Officer to Require Chemical Analysis; Notification of Rights. – Any person 3
who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical 4
analysis if charged with an implied -consent offense. Any law enforcement officer who has 5
reasonable grounds to believe that the person charged has committed the implied-consent offense 6
may obtain a chemical analysis of the person. 7
Before any type of chemical analysis is administered the person charged shall be taken before 8
a chemical analyst authorized to administer a test of a person's breath or a law enforcement officer 9
who is authorized to administer chemical analysis of the breath, who shall inform the person 10
orally and also give the person a notice in writing that:of the following implied-consent advisory: 11
(1) You have been charged with an implied -consent offense. Under You have 12
consented to a chemical analysis under the implied-consent law, you can law. 13
If you choose to withdraw your consent and refuse any test, but your drivers 14
license will be revoked for one year and could be revoked for a longer period 15
of time under certain circumstances, and an officer can compel you to be tested 16
under other laws. 17
… 18
(4) Your driving privilege will be revoked immediately for at least 30 days if you 19
refuse any test or the test result is 0.08 or more, 0.04 or more if you were 20
driving a commercial vehicle, or 0.01 or more if you are under the age of 21.a 21
judicial official determines there is probable cause for the implied -consent 22
offense charge. 23
… 24
(a1) Meaning of Terms. – Under this section, an "implied -consent offense" is an offense 25
involving impaired driving, a violation of G.S. 20-141.4(a2), or an alcohol-related offense made 26
subject to the procedures of this section. A person is "charged" with an offense if the person is 27
arrested for it or if criminal process for the offense has been issued. The term "judicial official" 28
is as defined in G.S. 15A-101. 29
… 30
(i) Right to Chemical Analysis before Arrest or Charge. – A person stopped or 31
questioned by a law enforcement officer who is investigating whether the person may have 32
committed an implied conse nt offense may request the administration of a chemical analysis 33
before any arrest or other charge is made for the offense. Upon this request, the officer shall 34
afford the person the opportunity to have a chemical analysis of his or her breath, if available, in 35
accordance with the procedures required by G.S. 20-139.1(b). The request constitutes the 36
person's consent to be transported by the law enforcement officer to the place where the chemical 37
analysis is to be administered. Before the chemical analysis is made, the person shall confirm the 38
request in writing and shall be notified:notified of all of the following: 39
(1) That the test results will be admissible in evidence and may be used against 40
you in any implied consent offense that may arise;arise. 41
(2) Your driving privilege will be revoked immediately for at least 30 days if the 42
test result is 0.08 or more, 0.04 or more if you were driving a commercial 43
vehicle, or 0.01 or more if you are under the age of 21. you are charged with 44
an implied-consent offense and a judicial official determines there is probable 45
cause for the charge. 46
…." 47
SECTION 2.(c) G.S. 20-16.5 reads as rewritten: 48
"§ 20 -16.5. Immediate civil license revocation for certain persons charged with 49
implied-consent offenses. 50
… 51
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House Bill 108-First Edition Page 3
(b) Revocations for Persons Who Refuse Chemical Analyses or Who Are Charged With 1
Certain Implied-Consent Offenses. – A person's driver's license is subject to revocation under 2
this section if:if all of the following criteria are met: 3
(1) A law enforcement officer has reasonable grounds to believe that the person 4
has committed an offense subject to the implied -consent provisions of G.S. 5
20-16.2;G.S. 20-16.2. 6
(2) The person is charged with that offense as provided in G.S. 7
20-16.2(a);G.S. 20-16.2(a). 8
(3) The l aw enforcement officer and the chemical analyst comply with the 9
procedures of G.S. 20-16.2 and G.S. 20-139.1 in requiring the person's 10
submission to or procuring a chemical analysis; andanalysis. 11
(4) The person: A ju dicial official determines there is proba ble cause for the 12
implied-consent offense charge. 13
a. Willfully refuses to submit to the chemical analysis; 14
b. Has an alcohol concentration of 0.08 or more within a relevant time 15
after the driving; 16
c. Has an alcohol concentration of 0.04 or more at any relevant time after 17
the driving of a commercial motor vehicle; or 18
d. Has any alcohol concentration at any relevant time after the driving 19
and the person is under 21 years of age. 20
(b1) Precharge Test Results as Basis for Revocation. – Notwithstanding the provisions of 21
subsection (b), a person's driver's license is subject to revocation under this section if:if all of the 22
following criteria are met: 23
(1) The person requests a precharge chemical analysis pursuant to G.S. 20-16.2(i); 24
andG.S. 20-16.2(i). 25
(2) The person has: 26
a. An alcohol concentration of 0.08 or more at any relevant time after 27
driving; 28
b. An alcohol concentration of 0.04 or more at any relevant time after 29
driving a commercial motor vehicle; or 30
c. Any alcohol concentration at any relevant time after driving and the 31
person is under 21 years of age; and 32
(3) The person is charged with an implied-consent offense. 33
(4) A judicial official determines there is probable cause for the implied -consent 34
offense charge. 35
… 36
(e) Procedure if Report Filed with Ju dicial Official When Person Is Present. – If a 37
properly executed revocation report concerning a person is filed with a judicial official when the 38
person is present before that official, the judicial official shall, after completing any other 39
proceedings involving the person, determine whether there is probable cause to believe that each 40
of the conditions criteria of subsection (b) has or (b1) of this section ha s been met. If he the 41
judicial official determines that there is such probable cause, he the judicial official shall enter 42
an order revoking the person's driver's license for the period required in this subsection. The 43
judicial official shall order the person to surrender his or her license and if necessary may order 44
a law-enforcement officer to seize the license. The judicial official shall give the person a copy 45
of the revocation order. In addition to setting it out in the order the judicial official shall 46
personally inform the person of his or her right to a hearing as specified in subsection (g), (g) of 47
this section, and that his or her license remains revoked pending the hearing. The revocation 48
under this subsection begins at the time the revocation order is issued and continues until the 49
person's license has been surrendered for the period specified in this subsection, and the person 50
has paid the applicable costs. The period of revocation is 30 days, if there are no pending offenses 51
General Assembly Of North Carolina Session 2025
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for which the person's license had been or is revoked under this section. If at the time of the 1
current offense, the person has one or more pending offenses for which his or her license had 2
been or is revoked under this section, the revocation shall remain in effect until a final judgment, 3
including all appeals, has been entered for the current offense and for all pending offenses. In no 4
event, may the period of revocation under this subsection be less than 30 days. If within five 5
working days of the effective date of the order, the person does not surrender his or her license 6
or demonstrate that he or she is not currently licensed, the clerk shall immediately issue a pick-up 7
order. The pick-up order shall be issued to a member of a local law -enforcement agency if the 8
law enforcement officer was employed by the agency at the time of the charge and the person 9
resides in or is present in the agency's territorial jurisdiction. In all other cases, the pick-up order 10
shall be issued to an officer or inspector of the Division. A pick-up order issued pursuant to this 11
section is to be served in accordance with G.S. 20-29 as if the order had been issued by the 12
Division. 13
(f) Procedure if Report Filed with Clerk of Court When Person Not Present. – When a 14
clerk receives a properly executed report under subdivision (d)(3) of this section and the person 15
named in the revocation report is not present before the clerk, the clerk sh all determine whether 16
there is probable cause to believe that each of the conditions criteria of subsection (b) has or (b1) 17
of this section ha s been met. For purposes of this subsection, a properly executed report under 18
subdivision (d)(3) of this section may include a sworn statement by the law enforcement officer 19
along with an affidavit received directly by the Clerk clerk from the chemical analyst. If he the 20
clerk determines that there is such probable cause, he the clerk shall mail to the person a 21
revocation order by first -class mail. The order shall direct that the person on or before the 22
effective date of the order either surrender his or her license to the clerk or appear before the 23
clerk and demonstrate that he or she is not currently licensed, and the order shall inform the 24
person of the time and effective date of the revocation and of its duration, of his or her right to a 25
hearing as specified in subsection (g), (g) of this section, and that the revocation remains in effect 26
pending the hearing. Revocation orders mailed under this subsection become effective on the 27
fourth day after the order is deposited in the United States mail. If within five working days of 28
the effective date of the order, the person does not surrender his or her license to t he clerk or 29
appear before the clerk to demonstrate that he or she is not currently licensed, the clerk shall 30
immediately issue a pick -up order. The pick -up order shall be issued and served in the same 31
manner as specified in subsection (e) of this section for pick-up orders issued pursuant to that 32
subsection. A revocation under this subsection begins at the date specified in the order and 33
continues until the person's license has been revoked for the period specified in this subsection 34
and the person has paid the applicable costs. If the person has no pending offenses for which his 35
or her license had been or is revoked under this section, the period of revocation under this 36
subsection is:is for any of the following: 37
(1) Thirty days from the time the person surrenders his or her license to the court, 38
if the surrender occurs within five working days of the effective date of the 39
order; ororder. 40
(2) Thirty days after the person appears before the clerk and demonstrates that he 41
or she is not currently licensed to drive, if the appearance occurs within five 42
working days of the effective date of the revocation order; ororder. 43
(3) Forty-five days from the time:any of the following times: 44
a. The person's drivers license is picked up by a law-enforcement officer 45
following service of a pick-up order; ororder. 46
b. The person demonstrates to a law -enforcement officer who has a 47
pick-up order for his or her license that he or she is not currently 48
licensed; orlicensed. 49
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House Bill 108-First Edition Page 5
c. The person's drivers license is surrendered to the court if the surrender 1
occurs more than five working days after the effective date of the 2
revocation order; ororder. 3
d. The person appears before the clerk to demonstrate that he or she is 4
not currently li censed, if he or she appears more than five working 5
days after the effective date of the revocation order. 6
If at the time of the current offense, the person has one or more pending offenses for which his 7
or her license had been or is revoked under this section, the revocation shall remain in effect until 8
a final judgment, including all appeals, has been entered for the current offense and for all 9
pending offenses. In no event may the period of revocation for the current offense be less than 10
the applicable p eriod of revocation in subdivision (1), (2), or (3) of this subsection. When a 11
pick-up order is issued, it shall inform the person of his or her right to a hearing as specified in 12
subsection (g), (g) of this section, and that the revocation remains in effect pending the hearing. 13
An officer serving a pick -up order under this subsection shall return the order to the court 14
indicating the date it was served or that he or she was unable to serve the order. If the license was 15
surrendered, the officer serving the order shall deposit it with the clerk within three days of the 16
surrender. 17
(g) Hearing before Magistrate or Judge Clerk of Court if Person Contests Validity of 18
Revocation. – A person whose license is revoked under this section may request in writing a 19
hearing to contest the validity of the revocation. The request may be made at the time of the 20
person's initial appearance, or within 10 days of the effective date of the revocation to the clerk 21
or a magistrate designated by the clerk, and may specifically r equest that the hearing be 22
conducted by a district court judge. clerk. The Administrative Office of the Courts must develop 23
a hearing request form for any person requesting a hearing. Unless a district court judge is 24
requested, the The hearing must be conducted within the county by a magistrate assigned by the 25
chief district court judge to conduct such hearings. If the person requests that a district court 26
judge hold the hearing, the hearing must be conducted within the district court district as defined 27
in G.S. 7A-133 by a district court judge assigned to conduct such hearings. where the revocation 28
was issued. If the clerk 's office issued the revocation order pursuant to subsection (f) of this 29
section, then a member of the clerk 's office other than the clerk may hold the hearing. The 30
revocation remains in effect pending the hearing, but the hearing must be held within three 31
working 10 days following the request if the hearing is before a magistrate or within five working 32
days if the hearing is before a district court judge. request. The request for the hearing must 33
specify the grounds upon criteria in subsection (b) or (b1) of this section which the validity of 34
the revocation is challenged person claims were not met and the hearing must be limited to the 35
grounds criteria specified in the hearing request. A witness may submit his or her evidence by 36
affidavit unless he is subpoenaed to appear. or video. Any person who appears and testifies in 37
person or by video is subject to questioning by the judicial official clerk conducting the hearing, 38
and the judicial official clerk may adjourn the hearing to seek additional evidence if he or she is 39
not satisfied with the accuracy or completeness of evidence. The person con testing the validity 40
of the revocation may, but is not required to, testify in his or her own behalf. Unless contested 41
by the person requesting the hearing, the judicial official clerk may accept as true any matter 42
stated in the revocation report. If any r elevant condition The clerk shall consider any relevant 43
information in any files or records concerning the person from the Administrative Office of the 44
Courts or the Division of Motor Vehicles. The failure of the charging officer or chemical analyst 45
to testify in person or by video shall not be grounds to rescind the revocation. For any criteria 46
under subsection (b) is or (b1) of this se ction that are contested, the judicial official clerk must 47
find by the greater weight of the evidence that the condition was met in order to sustain the 48
revocation. At the conclusion of the hearing the judicial official clerk must enter an order 49
sustaining or rescinding the revocation. The judicial official's clerk's findings are without 50
prejudice to the person contesting the revocation and to any other potential party as to any other 51
General Assembly Of North Carolina Session 2025
Page 6 House Bill 108-First Edition
proceedings, civil or criminal, that may involve facts bearing upon the conditions criteria in 1
subsection (b) or (b1) of this section considered by the judicial official. clerk. The decision of the 2
judicial official clerk is final and may not be appealed in the General Court of Justice. If the 3
hearing is not held and completed within three working 10 days of the written request for a 4
hearing before a magistrate or within five working days of the written request for a hearing before 5
a district court judge, hearing, the judicial official clerk must enter an order rescinding the 6
revocation, unless the person contesting the revocation contributed to the delay in completing the 7
hearing. If the person requesting the hearing fails to appear at the hearing or any rescheduling 8
thereof after having been properly notified, he or she forfeits his or her right to a hearing. 9
…." 10
SECTION 2.(d) G.S. 20-17(a)(2)b. reads as rewritten: 11
"b. Impaired driving under G.S. 20-138.2, if the driver's alcohol 12
concentration level was .06 or higher. For the purposes of thi s 13
sub-subdivision, the driver's alcohol concentration level result, 14
obtained by chemical analysis, shall be conclusive and is not subject 15
to modification by any party, with or without approval by the 16
court.G.S. 20-138.2." 17
SECTION 2.(e) G.S. 20-138.1 reads as rewritten: 18
"§ 20-138.1. Impaired driving. 19
(a) Offense. – A person commits the offense of impaired driving if he the person drives 20
any vehicle upon any highway, any street, or any public vehicular area within this State:State and 21
any of the following conditions are satisfied: 22
(1) While The person was under the influence of an impairing substance; 23
orsubstance. 24
(2) After having consumed sufficient alcohol that he the person has, at any 25
relevant time after the driving, an alcohol concentration of 0.08 0.05 or more. 26
The results of a chemical analysis shall be deemed sufficient evidence to prove 27
a person's alcohol concentration; orconcentration. 28
(3) With The person ha d any amount of a Schedule I controlled substance, as 29
listed in G.S. 90-89, or its metabolites in his or her blood or urine. 30
(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to 31
G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a 32
relevant time after the driving, an alcohol concentration of 0.08 0.05 or more. 33
…." 34
SECTION 2.(f) G.S. 20-139.1(b5) reads as rewritten: 35
"(b5) Subsequent Tests Allowed. – A person may be requested, pursuant to G.S. 20-16.2, 36
to submit to a chemical analysis of the person's blood or other bodily fluid or substance in 37
addition to or in lieu of a chemical analysis of the breath, in the discretion of a law enforcement 38
officer; except that a person charged with a violation of G.S. 20-141.4 shall be requested, at any 39
relevant time after the driving, t o provide a blood sample in addition to or in lieu of a chemical 40
analysis of the breath. However, if a breath sample shows an alcohol concentration of .08 0.05 41
or more, then requesting a blood sample shall be in the discretion of a law enforcement officer. 42
If a subsequent chemical analysis is requested pursuant to this subsection, the person shall again 43
be advised of the implied consent rights in accordance with G.S. 20-16.2(a). A person's willful 44
refusal to submit to a chemical analysis of the blood or other bodily fluid or substance is a willful 45
refusal under G.S. 20-16.2. If a person willfully refuses to provide a blood sample under this 46
subsection, and the person is charged with a violation of G.S. 20-141.4, then a law enforcement 47
officer with probable c ause to believe that the offense involved impaired driving or was an 48
alcohol-related offense made subject to the procedures of G.S. 20-16.2 shall seek a warrant to 49
obtain a blood sample. The failure to obtain a blood sample pursuant to this subsection shall not 50
be grounds for the dismissal of a charge and is not an appealable issue." 51
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SECTION 2.(g) G.S. 75A-10(b1) reads as rewritten: 1
"(b1) No person shall operate any vessel while underway on the waters of this State:State 2
if any of the following apply: 3
(1) While The person is under the influence of an impairing substance, 4
orsubstance. 5
(2) After having consumed sufficient alcohol that the person has, at any relevant 6
time after the boating, an alcohol concentration of 0.08 0.05 or more." 7
SECTION 2.(h) This section becomes effective December 1, 2025, and applies to 8
offenses committed on or after that date. 9
10
PROVISIONS RELATED TO ASSURING IMPAIRED DRIVERS PAY THEIR FAIR 11
SHARE OF THE COSTS OF PROCESSING THEM 12
SECTION 3.(a) G.S. 20-7(i1) reads as rewritten: 13
"(i1) Restoration Fee. – Any person whose drivers license has been revoked pursuant to 14
the provisions of this Chapter, other than G.S. 20-17(a)(2) subdivision (2), (12), (13), or (14) of 15
subsection (a) of G.S. 20-17, shall pay a restoration fee of seventy dollar s ($70.00). A person 16
whose drivers license has been revoked under G.S. 20-17(a)(2) subdivision (2), (12), (13), or (14) 17
of subsection (a) of G.S. 20-17 shall pay a restoration fee of one two hundred forty fifty dollars 18
and twenty-five cents ($140.25). ($250.00). The fee shall be paid to the Division prior to the 19
issuance to such person of a new drivers license or the restoration of the drivers license. The 20
restoration fee shall be paid to the Division in addition to any and all fees which may be provided 21
by law. This restoration fee shall not be required from any licensee whose license was revoked 22
or voluntarily surrendered for medical or health reasons whether or not a medical evaluation was 23
conducted pursuant to this Chapter. The seventy dollar ($70.00 ) fee, and the first one hundred 24
five twenty dollars ($105.00) ($120.00) of the one two hundred forty fifty dollar and twenty-five 25
cent ($140.25) ($250.00) fee, shall be deposited in the Highway Fund. Twenty five Sixty-five 26
dollars ($25.00) ($65.00) of the one two hundred forty fifty dollar and twenty-five cent ($140.25) 27
($250.00) fee shall be used to fund a statewide chemical alcohol testing program administered 28
by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the 29
Department of Health and Human Services. The remaining sixty-five dollars ($65.00) of the two 30
hundred fifty dollar ($250.00 ) fee shall be remitted to the county for the sole purpose of 31
reimbursing the county for jail expenses incurred due to enforcement of the impaired driving 32
laws. Notwithstanding any other provision of law, a restoration fee assessed pursuant to this 33
subsection may be waived by the Division when (i) the restoration fee remains unpaid for more 34
than 10 years from the date of assessment and (ii) the person responsible for payment of the 35
restoration fee has been issued a drivers license by the Division after the effective date of the 36
revocation for which the restoration fee is owed. The Office of State Budget and Management 37
shall annually report to the General Assembly the amount of fees deposited in the General Fund 38
and transferred to the Forensic Tests for Alcohol Branch of th e Chronic Disease and Injury 39
Section of the Department of Health and Human Services under this subsection." 40
SECTION 3.(b) G.S. 20-16.5(j) reads as rewritten: 41
"(j) Costs. – Unless the magistrate or judge clerk orders the revocation rescinded, a person 42
whose license is revoked under this section must pay a fee of one two hundred fifty dollars 43
($100.00) ($250.00) as costs for the action before the person's license may be returned under 44
subsection (h) of this section. Fifty percent (50%) of the costs collected under this section shall 45
be credited to the General Fund. Twenty -five percent (25%) of the costs collected under this 46
section shall be used to fund a statewide chemical alcohol testing program administered by the 47
Injury Control Section Forensic Tests for Alcohol Branch of the Chronic Disease and Injury 48
Section of the Department of Health and Human Services. The remaining twenty -five percent 49
(25%) of the costs collected under this section shall be remitted to the county for the sole purpose 50
General Assembly Of North Carolina Session 2025
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of reimbursing the county for jail expenses incurred due to enforcement of the impaired driving 1
laws." 2
SECTION 3.(c) G.S. 20-16.5(n) is repealed. 3
SECTION 3.(d) This section becomes effective December 1, 2025, and applies to 4
offenses committed on or after that date. 5
6
PROVISIONS RELATING TO REDUCING UNNECESSARY MOTIONS IN COURT 7
SECTION 4.(a) G.S. 20-16.3 reads as rewritten: 8
"§ 20-16.3. Alcohol and drug screening tests required of certain drivers; approval of test 9
devices and manner of use by Department of Health and Human Services; use 10
of test results or refusal. 11
(a) When Alcohol or Drug Screening Test May Be Required; Not an Arrest. – A 12
law-enforcement officer may require the driver of a vehicle to submit to an alcohol screening test 13
within a relevant time after the driving test, drug screening test, or an alcohol screening test and 14
a drug screening test, if the officer has:has either of the following: 15
(1) Reasonable grounds to believe that the driver has consumed alcohol alcohol, 16
an impairing substance other than alcohol, or alcohol and an impairing 17
substance other than alcohol, and has:has done either of the following: 18
a. Committed a moving traffic violation; orviolation. 19
b. Been involved in an accident or collision; orcollision. 20
(2) An articulable and reasonable suspicion that the driver has committed an 21
implied-consent offense under G.S. 20-16.2, and the driver has been lawfully 22
stopped for a driver's license check or otherwise lawfully stopped or lawfully 23
encountered by the officer in the course of the performance of the officer's 24
duties. 25
Requiring a driver to submit to an alcohol screening a test in accordance with this section does 26
not in itself constitute an arrest. 27
(b) Approval of Alcohol Screening Devices and Manner of Use. – The Department of 28
Health and Human Services is directed to examine and approve devices suitable for use by 29
law-enforcement officers in making on -the-scene tests of drivers for alcohol concentration. For 30
each alcohol screening device or class of devices approved, the Department must adopt 31
regulations governing the manner of use of the device. For any alcohol screening device that tests 32
the breath of a driver, the Department is directed to specify in its regulations the shortest feasible 33
minimum waiting period that does not produce an unacceptably high number of false positive 34
test results. 35
(b1) Approval of Oral Drug Screening Devices and Manner of U se. – The Department of 36
Health and Human Services is directed to examine and approve oral fluid drug screening devices 37
suitable for use by law -enforcement officers to test drivers for the presence of impairing 38
substances other than alcohol in oral fluids. For each device or class of devices approved, the 39
Department must adopt regulations governing the manner of use of the device and the level of 40
training required for officers who are authorized to use the device. The Department is directed to 41
specify in its regulations the shortest feasible minimum waiting period that does not produce an 42
unacceptably high number of false positive test results. 43
(c) Tests Must Be Made with Approved Devices and in Approved Manner. – No 44
screening test for alcohol concentration is a valid one under this section unless the device used is 45
one approved by the Department and the screening test is conducted in accordance with the 46
applicable regulations of the Department as to the manner of its use. 47
(d) Use of Screening Test Results or Refusal by Officer. – The fact that a driver showed 48
a positive or negative result on an alcohol screening test, but not the actual alcohol concentration 49
result, result of an alcohol screening test, the type of impaired substance present as shown by an 50
oral fluid drug screening test, or a driver's refusal to submit to a test may be used by a 51
General Assembly Of North Carolina Session 2025
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law-enforcement officer, is admissible in a court, or may also be used by an administrative 1
agency in determining if there are reasonable grounds for believing:or probable cause to believe 2
any of the following: 3
(1) That the driver has committed an implied-consent offense under G.S. 20-16.2; 4
andG.S. 20-16.2. 5
(2) That For an alcohol screening test, that the driver had consumed alcohol and 6
that the driver had in his or her body previously consumed alcohol, but not to 7
prove a particular alcohol concentration. Negative or low results on the 8
alcohol screening test may be used in factually appropriate cases by the 9
officer, a court, or an administrative agency in determining whether a person's 10
alleged impairment is caused by an impairing substance other than alcohol. 11
(3) For an oral fluid drug screening test, that the driver had consumed one or more 12
impairing substances other than alcohol and had in his or her body one or more 13
previously consumed impairing substances other than alcohol." 14
SECTION 4.(b) G.S. 20-138.7(d) reads as rewritten: 15
"(d) Alcohol Screening Test. – Notwithstanding any other provision of law, an alcohol 16
screening test may be administered to a driver suspected of violating subsection (a) of this 17
section, and the results of an alcohol screening test or the driver's refusal to submit may be used 18
by a law enforcement officer, a court, or an administrative agency in determining if alcohol was 19
present in the driver's body. No alcohol screening tests are valid under this section unless the 20
device used is one approved by the Commission for Public Health, Department of Health and 21
Human Services, and the screening test is conducted in accordance with the applicable 22
regulations of the Commission Department of Health and Human Services as to the manner of 23
its use." 24
SECTION 4.(c) G.S. 15A-534.2(d)(2) reads as rewritten: 25
"(2) For any purpose in any proceeding if the test was not performed by a method 26
approved by the Commission for Public Health Department of Health and 27
Human Services under G.S. 20-139.1 and by a person licensed to administer 28
the test by the Department of Health and Human Services." 29
SECTION 4.(d) This section becomes effective December 1, 2025, and applies to 30
offenses committed on or after that date. 31
32
PROVISIONS RELATED TO TRANSPARENCY IN COURT PROCEEDINGS 33
INVOLVING IMPAIRED DRIVERS 34
SECTION 5.(a) G.S. 7A-191.1 reads as rewritten: 35
"§ 7A-191.1. Recording of proceeding in which defendant pleads guilty or no contest to 36
felony in district court. 37
(a) The trial judge shall require that a true, complete, and accurate record be made of the 38
proceeding in which a defendant pleads guilty or no contest to a Class H or I felony pursuant to 39
G.S. 7A-272.(i) any hearing on an infraction conducted pursuant to Article 66 of Chapter 15A of 40
the General Statutes and (ii) any criminal trial proceeding, including pretrial motions, pleas, plea 41
bargains, an explanation required under G.S. 20-138.4, taking of evidence, sentencing hearings, 42
posttrial motions, and requests for limited driving privileges . A proceeding described in this 43
subsection shall be recorded, both video and audio, using electronic or other mechanical devices 44
provided by the Administrative Office of the Courts. 45
(b) It is the duty of the clerk of superior court, or another person designated by the clerk, 46
to (i) operate the recording device described in subsection (a) of this section and (ii) preserve any 47
recording produced by the device. Notwithstanding any provision of law to the contrary, making 48
a recording produced in accordance with this section available online in a format that allows a 49
person to view the recording and download or save the recording to his or her device is allowed 50
and sufficient to comply with any provision of Chapter 132 of the General Statutes requiring 51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 108-First Edition
access to public records. A proceeding described in subsection (a) of this section may be deleted 1
in accordance with a retention schedule adopted and implemented by the Administrative Office 2
of the Courts." 3
SECTION 5.(b) G.S. 7A-109.2 reads as rewritten: 4
"§ 7A-109.2. Records of dispositions in criminal cases; impaired driving integrated data 5
system. 6
(a) Each clerk of superior court shall ensure that all records of dispositions in criminal 7
cases, including those records filed electronically, contain all the essential information about the 8
case, including the the name of the presiding judge and the attorneys representing the State and 9
the defendant. 10
(b) In addition to the information required by subsection (a) of this section for all offenses 11
involving impaired driving as defined by G.S. 20-4.01, all charges of driving while licen se 12
revoked for an impaired driving license revocation as defined by G.S. 20-28.2, and any other 13
violation of the motor vehicle code involving the operation of a vehicle and the possession, 14
consumption, use, or transportation of alcoholic beverages, the cle rk shall include in the 15
electronic records the following information: 16
(1) The reasons for any pretrial dismissal by the court. 17
(2) The alcohol concentration reported by the charging officer or chemical 18
analyst, if any. 19
(3) The reasons for any suppression of evidence. 20
(4) The disposition of the charge. 21
(c) In addition to the information required under subsections (a) and (b) of this section, 22
for defendants sentenced pursuant to G.S. 20-179, the clerk shall include in the electronic records 23
(i) each grossly aggravating factor, aggravating factor, and mitigating factor found by the court 24
and (ii) the level of punishment imposed by the court. 25
(d) The Administrative Office of the Courts shall publish an annual report no later than 26
September 1 of each year on its website that includes the information required by this section for 27
the fiscal year immediately preceding the date of the report. The report shall include statewide 28
and countywide summaries of the number of charges, dispositions, sentencing factors, and 29
sentencing levels. Additionally, for each county, the report shall include each type of charge filed 30
and all of the information required by this section for each charge." 31
SECTION 5.(c) Section 33 of S.L. 2006 -253, as amended by Section 5 of S.L. 32
2007-493, reads as rewritten: 33
"SECTION 33. Section 6 becomes effective August 21, 2006, and applies to hearings held 34
on or after that date. Sections 20.1, 20.2, and the requirement that the Administrative Office of 35
the Courts electronically record certain data contai ned in subsection (c) of G.S. 20-138.4, as 36
amended by Section 19 of this act, become effective after the next rewrite of the superior court 37
clerks system by the Administrative Office of the Courts. December 1, 2025. Section 22.4 38
becomes effective December 1, 2006. The remainder of this act becomes effective December 1, 39
2006, and applies to offenses committed on or after that date." 40
SECTION 5.(d) The first report required under G.S. 7A-109.2(d), as enacted by 41
subsection (b) of this section, shall include in formation from December 1, 2025, through June 42
30, 2026, and shall be published no later than September 1, 2026. 43
SECTION 5.(e) Subsections (a) and (b) of this section become effective December 44
1, 2025, and apply to any hearing, trial, or disposition of charges occurring on or after that date. 45
The remainder of this section is effective when it becomes law. 46
47
PROVISIONS RELATED TO ALLOWING REPEAT OFFENDERS A METHOD TO 48
PROVE THEIR SOBRIETY AND OBTAIN A LEGAL METHOD TO OPERATE A 49
VEHICLE 50
SECTION 6.(a) G.S. 20-19 is amended by adding a new subsection to read: 51
General Assembly Of North Carolina Session 2025
House Bill 108-First Edition Page 11
"(d1) Notwithstanding any other provision of law, when a person 's license is revoked for 1
an impaired driving offense and the person is sentenced pursuant to G.S. 20-179, the Division 2
may conditionally restore the person's license after it has been revoked for at least one year if the 3
person (i) provides the Division with a certificate of graduation from a Drug Treatment or Driving 4
While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of Chapter 5
7A of the General Statutes, (ii) successfully completes a Division-approved driver improvement 6
clinic described in G.S. 20-16, and (iii) pays, in addition to any other applicable fees, a fee of 7
twenty-five dollars ($25.00). The twenty -five dollar ($25.00) fee shall be deposited in the 8
Highway Fund. If the Division restores the person 's license, it shall place all of the following 9
restrictions, requirements, and conditions on the person for the duration of the original revocation 10
period: 11
(1) A requirement that all registered vehicles owned by that person be equipped 12
with a functioning ignition interlock system in accordance with 13
G.S. 20-17.8(c1). 14
(2) A restriction that the person may operate only a motor vehicle equipped with 15
a functioning ignition interlock system of a type approved by the 16
Commissioner that is set to prohibit driving with an alcohol concentration of 17
greater than 0.02. 18
(3) A requirement that the person personally activate the ignition interlock system 19
before driving the motor vehicle. 20
In lieu of an ignition interlock system, the Division may impose a requirement that the person 21
prove abstention from the consumption of alcohol by use of a continuous alcohol monitori ng 22
system approved under G.S. 15A-1343.3. The provider of the continuous alcohol monitoring 23
system shall send reports prepared in accordance with this subsection to the Division. 24
In addition, the Division may place other reasonable restrictions , requirements, and 25
conditions on the person for the duration of the original revocation period." 26
SECTION 6.(b) This section becomes effective December 1, 2025. 27
28
REVISION RELATED TO THE OFFENSE OF AIDING OR ABETTING THE SALE TO 29
OR PURCHASE BY UNDERAGE PERSONS OF ALCOHOLIC BEVERAGES 30
SECTION 7.(a) G.S. 18B-302(c)(2) reads as rewritten: 31
"(2) By Person over Lawful Age. – Any Except as otherwise provided in this 32
subdivision, any person who is over the lawful age to purchase and who aids 33
or abets another in viola tion of subsection (a), (a1), or (b) of this section is 34
guilty of a Class 1 misdemeanor. Any person who is over the lawful age to 35
purchase and who aids or abets a person under the lawful age to purchase in 36
violation of subsection (a), (a1), or (b) of this section is guilty of a Class F 37
felony if the person under the lawful age to purchase consumed the alcoholic 38
beverage involved in the violation and serious bodily injury to the person 39
under la wful age or another results that was proximately caused by the 40
consumption of the alcoholic beverage. For purposes of this subdivision, the 41
term "serious bodily injury" is as defined in G.S. 14-32.4." 42
SECTION 7.(b) G.S. 18B-302.1(b) reads as rewritten: 43
"(b) A violation of G.S. 18B-302(c)(2) is either a Class 1 misdemeanor. misdemeanor or 44
a Class F felony. Notwithstanding the provisions of G.S. 15A-1340.23, if the court imposes a 45
sentence that does not include an active punishment, the court must include among the conditions 46
of probation a requirement that the person pay a fine of at least five hundred dollars ($500.00) as 47
authorized by G.S. 15A-1343(b)(9) and a requirement that the person complete at least 25 hours 48
of community service, as authorized by G .S. 15A-1343(b1)(6). If the person has a previous 49
conviction of this offense in the four years immediately preceding the date of the current offense, 50
and the court imposes a sentence that does not include an active punishment, the court must 51
General Assembly Of North Carolina Session 2025
Page 12 House Bill 108-First Edition
include among the conditions of probation a requirement that the person pay a fine of at least one 1
thousand dollars ($1,000) as authorized by G.S. 15A-1343(b)(9) and a requirement that the 2
person complete at least 150 hours of community service, as authorized by 3
G.S. 15A-1343(b1)(6)." 4
SECTION 7.(c) This section becomes effective December 1, 2025, and applies to 5
offenses committed on or after that date. 6
7
SEVERABILITY CLAUSE, CRIMINAL SAVINGS CLAUSE, AND EFFECTIVE DATE 8
SECTION 8.(a) If any provision of this act or its ap plication is held invalid, the 9
invalidity does not affect other provisions or applications of this act that can be given effect 10
without the invalid provisions or application and, to this end, the provisions of this act are 11
severable. 12
SECTION 8.(b) Prosecutions for offenses committed before the effective date of 13
this act are not abated or affected by this act, and the statutes that would be applicable but for 14
this act remain applicable to those prosecutions. 15
SECTION 8.(c) Except as otherwise provided in th is act, this act is effective when 16
it becomes law. 17