DWI Modernization Act of 2026.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1091

Short Title: DWI Modernization Act of 2026. (Public)
Sponsors: Representatives Ager, Ferguson, Echevarria, and Pike (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Finance, if favorable, Rules, Calendar, and Operations of
the House
April 30, 2026
*H1091-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MODERNIZE DWI LAWS RELATING TO PREVENTION, ENFORCEMENT, 2
AND RECOVERY AND TO SAVE LIVES OF OPERAT ORS, PASSENGERS, AND 3
PEDESTRIANS BY REQUI RING MAGISTRATES TO EXPLAIN A FINDING OF NO 4
PROBABLE CAUSE IN IMPLIED CONSENT CASES; TO INCREASE EFFICIENCY IN 5
THE IMMEDIATE CIVIL PRETRIAL REVOCATION; TO REQUIRE IMPAIRED 6
DRIVERS TO PAY THEIR FAIR SHARE OF THE COSTS OF THEIR PROCESSING; TO 7
REDUCE UNNECESSARY MOTIONS BY ADMITTING ALCOHOL AND ORAL DRUG 8
SCREENING TESTS TO P ROVE THE ARRESTING OFFICER HAD PROBABL E 9
CAUSE; TO HAVE TRANS PORTATION NETWORK DR IVERS MEET THE SAME 10
STANDARDS AS BUS DRIVERS; TO ALLOW REPEAT OFFENDERS A METHOD TO 11
PROVE THEIR SOBRIETY AND OBTAIN A LEGAL METHOD TO OPERATE A 12
VEHICLE; AND TO MAKE IT A FELONY FOR A PERSON OF LAWFUL AGE TO AID 13
AN UNDERAGE PERSON I N OBTAINING ALCOHOLI C BEVERAGES WHEN THE 14
UNDERAGE PERSON CAUSES SERIOUS INJURY TO THEMSELVES OR ANOTHER 15
PERSON. 16
The General Assembly of North Carolina enacts: 17
18
TITLE OF ACT 19
SECTION 1. This act shall be known as "The DWI Modernization Act of 2026." 20
21
PROVISIONS RELATING TO MAGISTRATES' REQUIREMENT TO EXPLAIN A 22
FINDING OF NO PROBABLE CAUSE IN IMPLIED CONSENT CASES 23
SECTION 2.(a) G.S. 15A-511 is amended by adding a new subsection to read: 24
"(c1) Written Findings for Implied Consent Offense. – If the magistrate determines that 25
there is no probable cause for an implied consent offense, as defined in G.S. 20-16.2, the 26
magistrate shall provide a written explanation on a form approved by the Adm inistrative Office 27
of the Courts which shall contain, at a minimum, all of the following: 28
(1) When performed, the result of any alcohol or other impairing substance 29
screening test. 30
(2) When performed, the results of any standardized field sobriety tests. 31
(3) When performed, the results of any drug recognition expert evaluation. 32
(4) When available, the alcohol concentration or the fact that the driver refused 33
the implied consent test. 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 1091-First Edition
(5) Whether a blood sample for analysis was obtained from the defendant. 1
(6) The element or elements of the offense charged that the magistrate believes 2
are missing that led to the determination that probable cause did not exist. 3
A copy of the form required by this subsection shall be sent to the head of the law enforcement 4
agency that employed the charging officer , and to the chief district court judge and district 5
attorney for the judicial district, and filed with the court. The Administrative Office of the Courts 6
shall electronically record this data in its database and make it available upon request." 7
SECTION 2.(b) This section becomes effective December 1, 2026, and applies to 8
initial appearances on or after that date. 9
10
PROVISIONS RELATED TO INCREASING EFFICIENCY IN THE I MMEDIATE 11
CIVIL PRETRIAL REVOCATION AND ASSURING IMPAIRED DRIVERS PAY 12
THEIR FAIR SHARE OF THE COSTS OF PROCESSING THEM 13
SECTION 3.(a) G.S. 20-7(i1) reads as rewritten: 14
"(i1) Restoration Fee. – Any person whose drivers license has been revoked pursuant to 15
the provisions of this Chapter, other than G.S. 20-17(a)(2) subdivision (2), (12), (13), or (14) of 16
subsection (a) of G.S. 20-17, shall pay a restoration fee of seventy dollars ($70.00). A person 17
whose drivers license has been revoked under G.S. 20-17(a)(2) subdivision (2), (12), (13), or (14) 18
of subsection (a) of G.S. 20-17 shall pay a restoration fee of one two hundred forty fifty dollars 19
and twenty-five cents ($140.25). ($250.00). The fee shall be paid to the Division prior to the 20
issuance to such person of a new drivers license or the restoration of the drivers license. The 21
restoration fee shall be paid to the Division in addition to any and all fees which may be provided 22
by law. This restoration fee shall not be required from any licensee whose license was revoked 23
or voluntarily surrendered for medical or health reasons whether or not a medical evaluation was 24
conducted pursuant to this Chapter. The seventy dollar ($70.00) fee, and the first one hundred 25
five twenty dollars ($105.00) ($120.00) of the one two hundred forty fifty dollar and twenty-five 26
cent ($140.25) ($250.00) fee, shall be deposited in the Highway Fund. Twenty five Sixty-five 27
dollars ($25.00) ($65.00) of the one two hundred forty fifty dollar and twenty-five cent ($140.25) 28
($250.00) fee shall be used to fund a statewide chemical alcohol impairment testing program 29
administered by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section 30
of the Department of Health and Human Services. The remaining sixty-five dollars ($65.00) of 31
the two hundred fifty dollar ($250.00) fee shall be remitted to the county for the sole purpose of 32
reimbursing the county for jail expenses incurred due to enforcement of the impaired driving 33
laws. Notwithstanding any other provision of law, a restoration fee assessed pursuant to this 34
subsection may be waived by the Division when (i) the restoration fee remains unpaid for more 35
than 10 years from the date of assessment and (ii) the person responsible for payment of the 36
restoration fee has been issued a drivers license by the Division after the effect ive date of the 37
revocation for which the restoration fee is owed. The Office of State Budget and Management 38
shall annually report to the General Assembly the amount of fees deposited in the General Fund 39
and transferred to the Forensic Tests for Alcohol Bra nch of the Chronic Disease and Injury 40
Section of the Department of Health and Human Services under this subsection." 41
SECTION 3.(b) G.S. 20-16.2 reads as rewritten: 42
"§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event 43
of refusal; right of driver to request analysis. 44
(a) Basis for Officer to Require Chemical Analysis; Notification of Rights. – Any person 45
who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical 46
analysis if charged wi th an implied -consent offense. Any law enforcement officer who has 47
reasonable grounds to believe that the person charged has committed the implied-consent offense 48
may obtain a chemical analysis of the person. 49
Before any type of chemical analysis is administered the person charged shall be taken before 50
a chemical analyst authorized to administer a test of a person's breath or a law enforcement officer 51
General Assembly Of North Carolina Session 2025
House Bill 1091-First Edition Page 3
who is authorized to administer chemical analysis of the brea th, who shall inform the person 1
orally and also give the person a notice in writing that:of the following implied-consent advisory: 2
(1) You have been charged with an implied -consent offense. Under You have 3
consented to a chemical analysis under the implied-consent law, you can law. 4
If you choose to withdraw your consent and refuse any test, but your drivers 5
license will be revoked for one year and could be revoked for a longer period 6
of time under certain circumstances, and an officer can compel you to be tested 7
under other laws. 8
… 9
(4) Your driving privilege will be revoked immediately for at least 30 days if you 10
refuse any test or the test result is 0.08 or more, 0.04 or more if you were 11
driving a commercial vehicle, or 0.01 or more if you are under the age of 21.a 12
judicial official determines there is probable cause for the implied -consent 13
offense charge. 14
… 15
(a1) Meaning of Terms. – Under this section, an "implied -consent offense" is an offense 16
involving impaired driving, a violation of G.S. 20-141.4(a2), or an alcohol-related offense made 17
subject to the procedures of this section. A person is "charged" with an offense if the person is 18
arrested for it or if criminal process for the offense has been issued. The term "judicial official" 19
is as defined in G.S. 15A-101. 20
… 21
(i) Right to Chemical Analysis before Arrest or Charge. – A person stopped or 22
questioned by a law enforcement officer who is investigating whether the person may have 23
committed an implied consent offense may request the administration of a chemi cal analysis 24
before any arrest or other charge is made for the offense. Upon this request, the officer shall 25
afford the person the opportunity to have a chemical analysis of his or her breath, if available, in 26
accordance with the procedures required by G.S . 20-139.1(b). The request constitutes the 27
person's consent to be transported by the law enforcement officer to the place where the chemical 28
analysis is to be administered. Before the chemical analysis is made, the person shall confirm the 29
request in writing and shall be notified:notified of all of the following: 30
(1) That the test results will be admissible in evidence and may be used against 31
you in any implied consent offense that may arise;arise. 32
(2) Your driving privilege will be revoked immediately for at least 30 days if the 33
test result is 0.08 or more, 0.04 or more if you were driving a commercial 34
vehicle, or 0.01 or more if you are under the age of 21. you are charged with 35
an implied-consent offense and a judicial official determines there is probable 36
cause for the charge. 37
…." 38
SECTION 3.(c) G.S. 20-16.5 reads as rewritten: 39
"§ 20 -16.5. Immediate civil license revocation for certain persons charged with 40
implied-consent offenses. 41
… 42
(b) Revocations for Persons Who Refuse Chemical Analyses or Who Are Charged With 43
Certain Implied-Consent Offenses. – A person's driver's license is subject to revocation under 44
this section if:if all of the following criteria are met: 45
(1) A law enforcement officer has reasonable grounds to believe that the person 46
has committed an offense subject to the implied -consent provisions of G.S. 47
20-16.2;G.S. 20-16.2. 48
(2) The person is charged with that offense as provided in G.S. 49
20-16.2(a);G.S. 20-16.2(a). 50
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(3) The law enforcement officer and the chemical analyst comply with the 1
procedures of G.S. 20-16.2 and G.S. 20-139.1 in requiring the person's 2
submission to or procuring a chemical analysis; andanalysis. 3
(4) The person: A ju dicial official determines there is probable cause for the 4
implied-consent offense charge. 5
a. Willfully refuses to submit to the chemical analysis; 6
b. Has an alcohol concentration of 0.08 or more within a relevant time 7
after the driving; 8
c. Has an alcohol concentration of 0.04 or more at any relevant time after 9
the driving of a commercial motor vehicle; or 10
d. Has any alcohol concentration at any relevant time after the driving 11
and the person is under 21 years of age. 12
(b1) Precharge Test Results as Basis for Revocation. – Notwithstanding the provisions of 13
subsection (b), a person's driver's license is subject to revocation under this section if:if all of the 14
following criteria are met: 15
(1) The person requests a precharge chemical analysis pursuant to G.S. 20-16.2(i); 16
andG.S. 20-16.2(i). 17
(2) The person has: 18
a. An alcohol concentration of 0.08 or more at any relevant time after 19
driving; 20
b. An alcohol concentration of 0.04 or more at any relevant time after 21
driving a commercial motor vehicle; or 22
c. Any alcohol concentration at any relevant time after driving and the 23
person is under 21 years of age; and 24
(3) The person is charged with an implied-consent offense. 25
(4) A judicial official determines there is probable cause for the implied -consent 26
offense charge. 27
… 28
(e) Procedure if Report Filed with Judicial Official When Person Is Present. – If a 29
properly executed revocation report concerning a person is filed with a judicial official when the 30
person is present before that official, the judicial official shall, after completing any other 31
proceedings involving the person, determine whether there is probable cause to believe that each 32
of the conditions criteria of subsection (b) has or (b1) of this section ha s been met. If he the 33
judicial official determines that there is such probable cause, he the judicial official shall enter 34
an order revoking the person's driver's license for the period required in this subsection. The 35
judicial official shall order the person to surrender his or her license and if necessary may order 36
a law-enforcement officer to seize the license. The judicial official shall give the person a copy 37
of the revocation order. In addition to setting it out in the order the judicial official shall 38
personally inform the person of his or her right to a hearing as specified in subsection (g), (g) of 39
this section, and that his or her license remains revoked pending the hearing. The revocation 40
under this subsection begins at the time the revocation order is issued and continues until the 41
person's license has been surrendered for the period specified in this subsection, and the person 42
has paid the applicable costs. The period of revocation is 30 days, if there are no pending offenses 43
for which the person's license had been or is revoked under this section. If at the time of the 44
current offense, the person has one or more pending offenses for which his or her license had 45
been or is revoked under this section, the revocation shall remain in effect until a final judgment, 46
including all appeals, has been entered for the current offense and for all pending offenses. In no 47
event, may the period of revocation under this subsection be less than 30 days. If within five 48
working days of the effective date of the order, the person does not surrender his or her license 49
or demonstrate that he or she is not currently licensed, the clerk shall immediately issue a pick-up 50
order. The pick-up order shall be issued to a member of a local law -enforcement agency if the 51
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House Bill 1091-First Edition Page 5
law enforcement officer was employed by the agency at the time of the charge a nd the person 1
resides in or is present in the agency's territorial jurisdiction. In all other cases, the pick-up order 2
shall be issued to an officer or inspector of the Division. A pick-up order issued pursuant to this 3
section is to be served in accordance with G.S. 20-29 as if the order had been issued by the 4
Division. 5
(f) Procedure if Report Filed with Clerk of Court When Person Not Present. – When a 6
clerk receives a properly executed report under subdivision (d)(3) of this section and the person 7
named in the revocation report is not present before the clerk, the clerk shall determine whether 8
there is probable cause to believe that each of the conditions criteria of subsection (b) has or (b1) 9
of this section ha s been met. For purposes of this subsection, a properly executed report under 10
subdivision (d)(3) of this section may include a sworn statement by the law enforcement officer 11
along with an affidavit received directly by the Clerk clerk from the chemical analyst. If he the 12
clerk determines that there is such probable cause, he the clerk shall mail to the person a 13
revocation order by first -class mail. The order shall direct that the person on or before the 14
effective date of the order either surrender his or her license to the clerk or appear before the 15
clerk and demonstrate that he or she is not currently licensed, and the order shall inform the 16
person of the time and effective date of the revocation and of its duration, of his or her right to a 17
hearing as specified in subsection (g), (g) of this section, and that the revocation remains in effect 18
pending the hearing. Revocation orders mailed under this subsection become effective on the 19
fourth day after the order is deposited in the United States mail. If within f ive working days of 20
the effective date of the order, the person does not surrender his or her license to the clerk or 21
appear before the clerk to demonstrate that he or she is not currently licensed, the clerk shall 22
immediately issue a pick -up order. The pi ck-up order shall be issued and served in the same 23
manner as specified in subsection (e) of this section for pick-up orders issued pursuant to that 24
subsection. A revocation under this subsection begins at the date specified in the order and 25
continues until the person's license has been revoked for the period specified in this subsection 26
and the person has paid the applicable costs. If the person has no pending offenses for which his 27
or her license had been or is revoked under this section, the period of rev ocation under this 28
subsection is:is for any of the following: 29
(1) Thirty days from the time the person surrenders his or her license to the court, 30
if the surrender occurs within five working days of the effective date of the 31
order; ororder. 32
(2) Thirty days after the person appears before the clerk and demonstrates that he 33
or she is not currently licensed to drive, if the appearance occurs within five 34
working days of the effective date of the revocation order; ororder. 35
(3) Forty-five days from the time:any of the following times: 36
a. The person's drivers license is picked up by a law-enforcement officer 37
following service of a pick-up order; ororder. 38
b. The person demonstrates to a law -enforcement officer who has a 39
pick-up order for his or her license that he or she is not currently 40
licensed; orlicensed. 41
c. The person's drivers license is surrendered to the court if the surrender 42
occurs more than five working days after the effective date of the 43
revocation order; ororder. 44
d. The person appears before the clerk to demonstrate that he or she is 45
not currently licensed, if he or she appears more than five working 46
days after the effective date of the revocation order. 47
If at the time of the current offense, the person has one or more pending offenses for whi ch his 48
or her license had been or is revoked under this section, the revocation shall remain in effect until 49
a final judgment, including all appeals, has been entered for the current offense and for all 50
pending offenses. In no event may the period of revoc ation for the current offense be less than 51
General Assembly Of North Carolina Session 2025
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the applicable period of revocation in subdivision (1), (2), or (3) of this subsection. When a 1
pick-up order is issued, it shall inform the person of his or her right to a hearing as specified in 2
subsection (g), (g) of this section, and that the revocation remains in effect pending the hearing. 3
An officer serving a pick -up order under this subsection shall return the order to the court 4
indicating the date it was served or that he or she was unable to serve the order. If the license was 5
surrendered, the officer serving the order shall deposit it with the clerk within three days of the 6
surrender. 7
(g) Hearing before Magistrate or Judge Clerk of Court if Person Contests Validity of 8
Revocation. – A person whose licen se is revoked under this section may request in writing a 9
hearing to contest the validity of the revocation. The request may be made at the time of the 10
person's initial appearance, or within 10 days of the effective date of the revocation to the clerk 11
or a magistrate designated by the clerk, and may specifically request that the hearing be 12
conducted by a district court judge. clerk. The Administrative Office of the Courts must develop 13
a hearing request form for any person requesting a hearing. Unless a dist rict court judge is 14
requested, the The hearing must be conducted within the county by a magistrate assigned by the 15
chief district court judge to conduct such hearings. If the person requests that a district court 16
judge hold the hearing, the hearing must be conducted within the district court district as defined 17
in G.S. 7A-133 by a district court judge assigned to conduct such hearings. where the revocation 18
was issued. If the clerk 's office issued the revocation order pursuant to subsection (f) of this 19
section, then a member of the clerk 's office other than the clerk may hold the hearing. The 20
revocation remains in effect pending the hearing, but the hearing must be held within three 21
working 10 days following the request if the hearing is before a magistrate or within five working 22
days if the hearing is before a district court judge. request. The request for the hearing must 23
specify the grounds upon criteria in subsection (b) or (b1) of this section which the validity of 24
the revocation is challenged person claims were not met and the hearing must be limited to the 25
grounds criteria specified in the hearing request. A witness may submit his or her evidence by 26
affidavit unless he is subpoenaed to appear. or video. Any person who appears and testifies in 27
person or by video is subject to questioning by the judicial official clerk conducting the hearing, 28
and the judicial official clerk may adjourn the hearing to seek additional evidence if he or she is 29
not satisfied with the accuracy or completeness of evidence. The person contesting the validity 30
of the revocation may, but is not required to, testify in his or her own behalf. Unless contested 31
by the person requesting the hearing, the judicial official clerk may accept as true any matter 32
stated in the revocation report. If any relevant condition The clerk shall consider any relevant 33
information in any files or records concerning the person from the Administrative Office of the 34
Courts or the Division of Motor Vehicles. The failure of the charging officer or chemical analyst 35
to testify in person or by video shall not be grounds to rescind the revocation. For any criteria 36
under subsection (b) is or (b1) of this se ction that are contested, the judicial official clerk must 37
find by the greater weight of the evidence that the condition was met in order to sustain the 38
revocation. At the conclusion of the hearing the judicial official clerk must enter an order 39
sustaining or rescinding the revocation. The judicial official's clerk's findings are without 40
prejudice to the person contesting the revocation and to any other potential party as to any other 41
proceedings, civil or criminal, that may involve facts bearing upon the conditions criteria in 42
subsection (b) or (b1) of this section considered by the judicial official. clerk. The decision of the 43
judicial official clerk is final and may not be appealed in the General Court of Justice. If the 44
hearing is not held and completed within three working 10 days of the written request for a 45
hearing before a magistrate or within five working days of the written request for a hearing before 46
a district court judge, hearing, the judicial official clerk must enter an order rescinding the 47
revocation, unless the person contesting the revocation contributed to the delay in completing the 48
hearing. If the person requesting the hearing fails to appear at the hearing or any rescheduling 49
thereof after having been properly notified, he or she forfeits his or her right to a hearing. 50
… 51
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(j) Costs. – Unless the magistrate or judge orders the revocation rescinded, a person 1
whose license is revoked under this section must pay a fee of one two hundred fifty dollars 2
($100.00) ($250.00) as costs for the action before the person's license may be returned under 3
subsection (h) of this section. Fifty percent (50%) of the costs collected under this section shall 4
be credited to the General Fund. Twenty -five percent (25%) of the co sts collected under this 5
section shall be used to fund a statewide chemical alcohol impairment testing program 6
administered by the Injury Control Section Forensic Tests for Alcohol Branch of the Chronic 7
Disease and Injury Section of the Department of Health and Human Services. The remaining 8
twenty-five percent (25%) of the costs collected under this section shall be remitted to the county 9
for the sole purpose of reimbursing the county for jail expenses incurred due to enforcement of 10
the impaired driving laws. 11
… 12
(n) Exception for Revoked Licenses. – Notwithstanding any other provision of this 13
section, if the judicial official required to issue a revocation order under this section determines 14
that the person whose license is subject to revocation under subsection (b): 15
(1) Has a currently revoked driver's license; 16
(2) Has no limited driving privilege; and 17
(3) Will not become eligible for restoration of his license or for a limited driving 18
privilege during the period of revocation required by this section, 19
the judicial official need not issue a revocation order under this section. In this event the 20
judicial official must file in the records of the civil proceeding a copy of any documentary 21
evidence and set out in writing all other evidence on which he relies in making his determination. 22
…." 23
SECTION 3.(d) G.S. 20-17(a)(2)b. reads as rewritten: 24
"b. Impaired driving under G.S. 20-138.2, if the driver's alcohol 25
concentration level was .06 or higher. For the purposes of this 26
sub-subdivision, the driver's alcohol concentration level result, 27
obtained by chemical analysis, shall be conclusive and is not subject 28
to modification by any party, with or without approval by the 29
court.G.S. 20-138.2." 30
SECTION 3.(e) This section becomes effective December 1, 2026, and applies to 31
offenses committed on or after that date. 32
33
PROVISIONS RELATING TO REDUCING UNNECESSARY MOTIONS IN COURT 34
AND ALLOWING ORAL FLUID DRUG SCREENING TESTS 35
SECTION 4.(a) G.S. 20-16.3 reads as rewritten: 36
"§ 20-16.3. Alcohol and drug screening tests required of certain drivers; approval of test 37
devices and manner of use by Department of Health and Human Services; use 38
of test results or refusal. 39
(a) When Alcohol or Drug Screening Test May Be Required ; Not an Arrest. – A 40
law-enforcement officer may require the driver of a vehicle to submit to an alcohol screening test 41
within a relevant time after the driving test, drug screening test, or an alcohol screening test and 42
a drug screening test, if the officer has:has either of the following: 43
(1) Reasonable grounds to believe that the driver has consumed alcohol alcohol, 44
an impairing substance other than alcohol, or alcohol and an impairing 45
substance other than alcohol, and has:has done either of the following: 46
a. Committed a moving traffic violation; orviolation. 47
b. Been involved in an accident or collision; orcollision. 48
(2) An articulable and reasonable suspicion that the driver has committed an 49
implied-consent offense under G.S. 20-16.2, and the driver has been lawfully 50
stopped for a driver's license check or otherwise lawfully stopped or lawfully 51
General Assembly Of North Carolina Session 2025
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encountered by the officer in the course of the performance of the officer's 1
duties. 2
Requiring a driver to submit to an alcohol screening a test in accordance with this section does 3
not in itself constitute an arrest. 4
(b) Approval of Alcohol Screening Devices and Manner of Use. – The Department of 5
Health and Human Services is directed to examine and approve devices suitable for use by 6
law-enforcement officers in making on-the-scene tests of drivers for alcohol concentration. For 7
each alcohol screening device or class of devices approved, the Department must adopt 8
regulations governing the manner of use of the device. For any alcohol screening device that tests 9
the breath of a driver, the Department is directed to specify in its regulations the shortest feasible 10
minimum waiting period that does not produce an unacceptably high number of false positive 11
test results. 12
(b1) Approval of Oral Drug Screening Devices and Manner of Use. – The Department of 13
Health and Human Services is directed to examine and approve oral fluid drug screening devices 14
suitable for use by law -enforcement officers to test drivers for the presence of impairing 15
substances other than alcoho l in oral fluids. For each device or class of devices approved, the 16
Department must adopt regulations governing the manner of use of the device and the level of 17
training required for officers who are authorized to use the device. The Department is directed to 18
specify in its regulations the shortest feasible minimum waiting period that does not produce an 19
unacceptably high number of false positive test results. 20
(c) Tests Must Be Made with Approved Devices and in Approved Manner. – No 21
screening test for alcohol concentration is a valid one under this section unless the device used is 22
one approved by the Department and the screening test is conducted in accordance with the 23
applicable regulations of the Department as to the manner of its use. 24
(d) Use of Screening Test Results or Refusal by Officer. – The fact that a driver showed 25
a positive or negative result on an alcohol screening test, but not the actual alcohol concentration 26
result, result of an alcohol screening test, the type of impaired substance present as shown by an 27
oral fluid drug screening test, or a driver's refusal to submit to a test may be used by a 28
law-enforcement officer, is admissible in a court, or may also be used by an administrative 29
agency in determining if there are reasonable grounds for believing:or probable cause to believe 30
any of the following: 31
(1) That the driver has committed an implied-consent offense under G.S. 20-16.2; 32
andG.S. 20-16.2. 33
(2) That For an alcohol screening test, that the driver had consumed alcohol and 34
that the driver had in his or her body previously consumed alcohol, but not to 35
prove a particular alcohol concentration. Negative or low results on the 36
alcohol screening test may be used in factually appropriate cases by the 37
officer, a court, or an administrative agency in determining whether a person's 38
alleged impairment is caused by an impairing substance other than alcohol. 39
(3) For an oral fluid drug screening test, that the driver had consumed one or more 40
impairing substances other than alcohol and had in his or her body one or more 41
previously consumed impairing substances other than alcohol." 42
SECTION 4.(b) G.S. 20-138.7(d) reads as rewritten: 43
"(d) Alcohol Screening Test. – Notwithstanding any other provision of law, an alcohol 44
screening test may be administered to a driver suspected of violating subsection (a) of this 45
section, and the results of an alcohol screening test or the driver's refusal to submit may be used 46
by a law enforcement officer, a court, or an administrative agency in determining if alcohol was 47
present in the driver's body. No alcohol screening tests are valid under this section unless the 48
device used is one approved by the Commission for Public Health, Department of Health and 49
Human Services, and the screening test is conducted in accordance with the applicable 50
General Assembly Of North Carolina Session 2025
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regulations of the Commission Department of Health and Human Services as to the manner of 1
its use." 2
SECTION 4.(c) G.S. 15A-534.2(d)(2) reads as rewritten: 3
"(2) For any purpose in any proceeding if the test was not performed by a method 4
approved by the Commission for Public Health Department of Health and 5
Human Services under G.S. 20-139.1 and by a person licensed to administer 6
the test by the Department of Health and Human Services." 7
SECTION 4.(d) This section becomes effective December 1, 2026, and applies to 8
offenses committed on or after that date. 9
10
PROVISIONS RELATING TO PROHIBITING TRANSPORTATION NETWORK 11
COMPANY (TNC) DRIVERS FROM DRIVING AFTER CONSUMING ALCOHOL 12
AND PROVIDING FOR EDUCATION FOR TNC DRIVERS 13
SECTION 5.(a) G.S. 20-17(a) is amended by adding a new subdivision to read: 14
"(13a) A second or subsequent conviction, as defined in G.S. 20-138.2B(d), of 15
driving a TNC service vehicle after consuming alcohol under 16
G.S. 20-138.2B." 17
SECTION 5.(b) G.S. 20-138.2B reads as rewritten: 18
"§ 20-138.2B. Operating a school bus, school activity bus, child care vehicle, ambulance, 19
other EMS vehicle, firefighting vehicle, or law enforcement vehicle vehicle, or 20
TNC service vehicle after consuming alcohol. 21
(a) Offense. – A person commits the offense of operating a school bus, school activity 22
bus, child care vehicle, ambulance, other emergency medical services vehicle, firefighti ng 23
vehicle, or law enforcement vehicle vehicle, or TNC service vehicle after consuming alcohol if 24
the person drives a school bus, school activity bus, child care vehicle, ambulance, other 25
emergency medical services vehicle, firefighting vehicle, or law enforcement vehicle vehicle, or 26
TNC service vehicle upon any highway, any street, or any public vehicular area within the State 27
while consuming alcohol or while alcohol remains in the person's body. This section does not 28
apply to law enforcement officers acting in the course of, and within the scope of, their official 29
duties. For purposes of this section, the term "TNC service vehicle" means a motor vehicle being 30
operated for the purpose of providing a TNC service, as that term is defined in G.S. 20-280.1. 31
…." 32
SECTION 5.(c) G.S. 20-280.6 reads as rewritten: 33
"§ 20-280.6. Background checks. 34
(a) Prior to permitting an individual to act as a TNC driver, the transportation network 35
company must do all of the following: 36
… 37
(4) Require the individual to agree in writing that the individual will not act as a 38
TNC driver while consuming alcohol or at any time while the driver has 39
remaining in the driver's body any alcohol or controlled substance previously 40
consumed. This subdivision does not apply to any controlle d substance that 41
was lawfully obtained and taken in therapeutically appropriate amounts. 42
… 43
(c) The transportation network company must not permit an individual to act as a TNC 44
driver if any of the following apply: 45
… 46
(2) Has been convicted within the past seven years of driving under the influence 47
of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit 48
a felony, or a crime involving property damage, theft, acts of violence, or acts 49
of terror. 50
General Assembly Of North Carolina Session 2025
Page 10 House Bill 1091-First Edition
(2a) Has been convicted within the past s even years of a second or subsequent 1
conviction, as defined in G.S. 20-138.2B(d), of driving a TNC service vehicle 2
after consuming alcohol under G.S. 20-138.2B. 3
…." 4
SECTION 5.(d) Transportation network companies (TNCs) shall notify all TNC 5
drivers providing TNC services at the time of the effective date of this section of the requirement 6
set forth in G.S. 20-280.6(a)(4), as enacted by subsection (c) of this section. A TNC shall n ot 7
permit an individual subject to this subsection to act as a TNC driver if the individual does not 8
comply with the requirement set forth in G.S. 20-280.6(a)(4) by no later than 12 months from the 9
effective date of this section. 10
SECTION 5.(e) Subsection (b) of this section becomes effective December 1, 2026, 11
and applies to offenses committed on or after that date. The remainder of this section becomes 12
effective December 1, 2026. 13
14
PROVISIONS RELATED TO TRANSPARENCY IN COURT PROCEEDINGS 15
INVOLVING IMPAIRED DRIVERS 16
SECTION 6.(a) G.S. 7A-191.1 reads as rewritten: 17
"§ 7A-191.1. Recording of proceeding in which defendant pleads guilty or no contest to 18
felony in district court. 19
(a) The trial judge shall require that a true, complete, and accurate record be made of the 20
proceeding in which a defendant pleads guilty or no contest to a Class H or I felony pursuant to 21
G.S. 7A-272.(i) any hearing on an infraction conducted pursuant to Article 66 of Chapter 15A of 22
the General Statutes and (ii) any criminal trial proceeding, including pretrial motions, pleas, plea 23
bargains, an explanation required under G.S. 20-138.4, taking of evidence, sentencing hearings, 24
posttrial motions, and requests for limited driving privileges . A proceeding described in this 25
subsection shall be recorded, both video and audio, using electronic or other mechanical devices 26
provided by the Administrative Office of the Courts. 27
(b) It is the duty of the clerk of superior court, or another person designated by the clerk, 28
to (i) operate the recording device described in subsection (a) of this section and (ii) preserve any 29
recording produced by the device. Notwithstanding any provision of law to the contrary, making 30
a recording produced in accordance with this section available online in a format that allows a 31
person to view the recording and download or save the recording to his or her device is allowed 32
and sufficient to comply with any provision of Chapter 132 of the General Statutes requiring 33
access to public records. A proceeding described in subsection (a) of this section may be deleted 34
in accordance with a retention schedule adopted and implemented by the Administrative Office 35
of the Courts." 36
SECTION 6.(b) G.S. 7A-109.2 reads as rewritten: 37
"§ 7A-109.2. Records of dispositions in criminal cases; impaired driving integrated data 38
system. 39
(a) Each clerk of superior court shall ensure that all records of dispositions in criminal 40
cases, including those records filed electronically, contain all the essential information about the 41
case, including the name of the presiding judge and the attorneys representing the State and the 42
defendant. 43
(b) In addition to the information required by subsection (a) of this section for all offenses 44
involving impaired driving as defined by G.S. 20-4.01, a ll charges of driving while license 45
revoked for an impaired driving license revocation as defined by G.S. 20-28.2, and any other 46
violation of the motor vehicle code involving the operation of a vehicle and the possession, 47
consumption, use, or transportatio n of alcoholic beverages, the clerk shall include in the 48
electronic records the following information: 49
(1) The reasons for any pretrial dismissal by the court. 50
General Assembly Of North Carolina Session 2025
House Bill 1091-First Edition Page 11
(2) The alcohol concentration reported by the charging officer or chemical 1
analyst, if any. 2
(3) The reasons for any suppression of evidence. 3
(4) The disposition of the charge. 4
(c) In addition to the information required under subsections (a) and (b) of this section, 5
for defendants sentenced pursuant to G.S. 20-179, the clerk shall include in the electronic records 6
(i) each grossly aggravating factor, aggravating factor, and mitigating factor found by the court 7
and (ii) the level of punishment imposed by the court. 8
(d) The Administrative Office of the Courts shall publish an annual report no later than 9
September 1 of each year on its website that includes the information required by this section for 10
the fiscal year immediately preceding the date of the report. The report shall include statewide 11
and countywide summaries of the number of charges, disposit ions, sentencing factors, and 12
sentencing levels. Additionally, for each county, the report shall include each type of charge filed 13
and all of the information required by this section for each charge." 14
SECTION 6.(c) Section 33 of S.L. 2006 -253, as amended by Section 5 of S.L. 15
2007-493, reads as rewritten: 16
"SECTION 33. Section 6 becomes effective August 21, 2006, and applies to hearings held 17
on or after that date. Sections 20.1, 20.2, and the requirement that the Administrative Office of 18
the Courts electron ically record certain data contained in subsection (c) of G.S. 20-138.4, as 19
amended by Section 19 of this act, become effective after the next rewrite of the superior court 20
clerks system by the Administrative Office of the Courts. December 1, 202 6. Section 22.4 21
becomes effective December 1, 2006. The remainder of this act becomes effective December 1, 22
2006, and applies to offenses committed on or after that date." 23
SECTION 6.(d) The first report required under G.S. 7A-109.2(d), as enacted by 24
subsection (b) of this section, shall include information from December 1, 2026, through June 25
30, 2027, and shall be published no later than September 1, 2027. 26
SECTION 6.(e) Subsections (a) and (b) of this section become effective December 27
1, 2026, and apply to any hearing, trial, or disposition of charges occurring on or after that date. 28
The remainder of this section is effective when it becomes law. 29
30
PROVISIONS RELATED TO ALLOWING REPEAT OFFENDERS A METHOD TO 31
PROVE THEIR SOBRIETY AND OBTAIN A LEGAL METHOD TO OPERATE A 32
VEHICLE 33
SECTION 7.(a) G.S. 20-19 is amended by adding a new subsection to read: 34
"(d1) Notwithstanding any other provision of law, when a person 's license is revoked for 35
an impaired driving offense and the person is sentenced pursuant to G.S. 20-179, the Division 36
may conditionally restore the person's license after it has been revoked for at least one year if the 37
person (i) provides the Division with a certificate of graduation from a Drug Treatment or Driving 38
While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of Chapter 39
7A of the General Statutes, (ii) successfully completes a Division-approved driver improvement 40
clinic described in G.S. 20-16, and (iii) pays, in addition to any other applicable fees, a fee of 41
twenty-five dollars ($25.00). The twenty -five dollar ($25.00) fee shall be deposited in the 42
Highway Fund. If the Division restores the person 's license, it shall place all of the following 43
restrictions, requirements, and conditions on the person for the duration of the original revocation 44
period: 45
(1) A requirement that all registered vehicles owned by that person be equipped 46
with a functioning ignition interl ock system in accordance with 47
G.S. 20-17.8(c1). 48
(2) A restriction that the person may operate only a motor vehicle equipped with 49
a functioning ignition interlock system of a type approved by the 50
General Assembly Of North Carolina Session 2025
Page 12 House Bill 1091-First Edition
Commissioner that is set to prohibit driving with an alcohol concentration of 1
greater than 0.02. 2
(3) A requirement that the person personally activate the ignition interlock system 3
before driving the motor vehicle. 4
In lieu of an ignition interlock system, the Division may impose a requirement that the person 5
prove abstention from the consumption of alcohol by use of a continuous alcohol monitoring 6
system approved under G.S. 15A-1343.3. The provider of the continuous alcohol monitoring 7
system shall send reports prepared in accordance with this subsection to the Division. 8
In addition, the Division may place other reasonable restrictions , requirements, and 9
conditions on the person for the duration of the original revocation period." 10
SECTION 7.(b) This section becomes effective December 1, 2026. 11
12
REVISION RELATED TO THE OFFENSE OF AIDING OR ABETTING THE SALE TO 13
OR PURCHASE BY UNDERAGE PERSONS OF ALCOHOLIC BEVERAGES 14
SECTION 8.(a) G.S. 18B-302(c)(2) reads as rewritten: 15
"(2) By Person over Lawful Age. – Any Except as otherwise provided in this 16
subdivision, any person who is over the lawful age to purchase and who aids 17
or abets another in violation of subsection (a), (a1), or (b) of this section is 18
guilty of a Class 1 misdemeanor. Any person who is over the lawful age t o 19
purchase and who aids or abets a person under the lawful age to purchase in 20
violation of subsection (a), (a1), or (b) of this section is guilty of a Class F 21
felony if the person under the lawful age to purchase consumed the alcoholic 22
beverage involved in the violation and serious bodily injury to the person 23
under lawful age or another results that was proximately caused by the 24
consumption of the alcoholic beverage. For purposes of this subdivision, the 25
term "serious bodily injury" is as defined in G.S. 14-32.4." 26
SECTION 8.(b) G.S. 18B-302.1(b) reads as rewritten: 27
"(b) A violation of G.S. 18B-302(c)(2) is either a Class 1 misdemeanor. misdemeanor or 28
a Class F felony. Notwithstanding the provisions of G.S. 15A-1340.23, if the court imposes a 29
sentence that does not include an active punishment, the court must include among the conditions 30
of probation a requirement that the person pay a fine of at least five hundred dollars ($500.00) as 31
authorized by G.S. 15A-1343(b)(9) and a requirement that the person complete at least 25 hours 32
of community service, as authorized by G.S. 15A-1343(b1)(6). If the person has a previous 33
conviction of this offense in the four years immediately preceding the date of the current offense, 34
and the court imposes a sentence that does no t include an active punishment, the court must 35
include among the conditions of probation a requirement that the person pay a fine of at least one 36
thousand dollars ($1,000) as authorized by G.S. 15A-1343(b)(9) and a requirement that the 37
person complete at l east 150 hours of community service, as authorized by 38
G.S. 15A-1343(b1)(6)." 39
SECTION 8.(c) This section becomes effective December 1, 2026, and applies to 40
offenses committed on or after that date. 41
42
SEVERABILITY CLAUSE, CRIMINAL SAVINGS CLAUSE, AND EFFECTIVE DATE 43
SECTION 9.(a) If any provision of this act or its application is held invalid, the 44
invalidity does not affect other provisions or applications of this act that can be given effect 45
without the invalid provisions or application and, to this end, the provisions of this act are 46
severable. 47
SECTION 9.(b) Prosecutions for offenses committed before the effective date of 48
this act are not abated or affected by this act, and the statutes that would be applicable but for 49
this act remain applicable to those prosecutions. 50
General Assembly Of North Carolina Session 2025
House Bill 1091-First Edition Page 13
SECTION 9.(c) Except as otherwise provided, this act is effective when it becomes 1
law. 2