Laws and administrative codes NC DWI

Here are the various laws and codes concerning the legislation, which operates in North Carolina (eg, DWI):

N.C.G.S. 20-138.1 – a statute of driving violation, which allows crime "ride" (and hence control) any vehicle on any highway, any street or in any part of the public transport in North Carolina:

Being under the influence of harmful substances; or (noticeable violations of alcohol or any other substance)

Once he has applied a sufficient amount of alcohol, at any time after the control of its alcohol concentration is 0.08 or more. Chemical analysis results are considered to be sufficient evidence to confirm the concentration of alcohol in a person; or with any amount of the substance that controls the schedule I, listed in G.S. 90-89, or its metabolites in blood or urine. (Opiates are prescribed or not)

N.C.G.S. 20-138,2 – a control status which impairs driving. Zamest.08.08 it requires display of 0.04 blood alcohol concentration (BAC) at the time of commercial operation of the vehicle.

N.C.G.S. 20-138,3 – Provisional Rules violations of the rights of people management in the age of 21 at the time of the violation. A person may be before the & # 39; charges as shown in the standard DWI, and in the time DWI. The smell is not sufficient, if the driver is not given an opportunity to cut into the car and did not. In North Carolina, the rule of zero tolerance, which means that any amount of alcohol can lead to a conviction of driving after consuming.

N.C.G.S. 20-138,4 effectively makes it difficult, if not impossible, lowering DWI charge in most areas of North Carolina. This is because the provision requires the public prosecutor, which reduces the charge to make a comprehensive report to his superior – elected district attorney – of the judicial system through the courts and the administrative office of the courts.

N.C.G.S. 20-179 regulates the imposition of a sentence in accordance with 20-138,1, 20-138,2 or second or following a criminal record or 20-138.2A 20-138.2B (rules North Carolina zero tolerance for the operation of the bus and commercial vehicle). As described elsewhere on this site, this section sets out aggravating grossly aggravating and mitigating factors, which can be used at sentencing and punishment of six levels, as well as various fees, fines and prison sentences. imposed.

N.C.G.S. 20-139.1 established procedures by which the chemical analysis can be made in accordance with the laws about the possible agreement North Carolina. Chemical analysis, which we have in mind, requires, among other things, that the person was informed of his rights (and he was given a written list of rights, for example the waiting period prior to inhalation or blood test North Carolina uses two types of analysis -. Respiration and blood although I have a provision on the analysis of urine, which I have never seen. The section also addresses the issue of the admissibility of the results (or refuse to take the test) for testing, and also provides the terms for the protection of objects, after notice to the process.

N.C.G.S. Usually 20-16.2 read together with N.C.G.S. 20-139,1 for establishing possible conditions of North Carolina's consent. This section explains the driver's duty before the & # 39; to reveal the sample in the event of a specific consent to a criminal case, the human right to a hearing on the refusal, if the officer found face failure and limited right to a hearing in the High Court if the listener refusal of the hearing DMV receives decision against the driver and revokes the license for one year for refusing to provide a sample.

N.C.G.S. 20-19 – overall status, which gives the Department of motor vehicles (DMV) suspension or revocation of licenses, including possible crimes involving the consent, including the refusal to hold the respiratory start or chemical analysis at the time of the crime, there in mind. In addition, this section instructs the DMV to impose restrictions on human rights law license after it is restored to man could not mets.04 or more BAC within a certain time after the restoration of the rights of the driver's rights DWI sentence.

N.C.G.S. 20-141.4 created criminal offenses (crimes with death in a vehicle) in cases when a person unintentionally causes the death of another person while engaged in driving violation and where the DWI was immediate cause of death. This section also created additional crimes, if suras & # 39; oznaya injury caused by the offense DWI.

N.C.G.S. 20-138,5 creates a criminal offense if a person has been convicted of three or more violations of driving rules (DW) for the past 10 years from the date of the offense.

N.C.G.S. 20-17,6 regulates how DMV restore the rights of the right license for driving a vehicle in violation of the rights (DWI) or driving under 21 years after the use of drugs and alcohol. In fact, the Department of motor vehicles must obtain a certificate of alcohol treatment.

N.C.G.S. 20-17.8 controlled introduction lock device (where BAC was 15.15 and above) and after recovery control rights DWI with a locking device.

N.C.G.S. 20-16.3 allows the officer to demand the previous or portable breath test (PBT) before his arrest, but after the car was stopped and there is every reason to believe that the driver applied the alcohol. If the driver refuses to submit the handheld breath test, the driver's refusal can be used against him in court (although his testimony will not be suspended in case of failure in the supply to the PCB).

N.C.G.S. 20-28.2 and N.C.G.S. 20-28.3 allow the state to confiscate the vehicle (as a result of civil forfeiture), if the driver has previously been convicted on a DWI, and his testimony was suspended or if the person was driving on a suspended / revoked or no license. DWI at the time had no insurance, even if it was the first DWI. This section describes the removal of the processes, as well as the remedies that are available "innocent owners", which may be people who also have an interest in vehicle ownership (eg, a parent or husband) and do not know that the driver was in violation law.

N.C.G.S. 20-16.3A allows police agencies in North Carolina to establish checkpoints in line with "a written policy that provides guidance on the pattern that should be written" (whatever marked!).

N.C.G.S. 20-28,9, grants authority to the Department of public instruction for the towing, storage and sale of vehicles seized under the offense of DWI.

N.C.G.S. 20-16.5 creates civil turnover in the case of a possible crime, I mean, when a person's BAC was high enough, or if the person refused. Civil termination is usually 30 days, although it may be more. This section also established guidelines by which someone can request a limited right driver control during the civil canceled.

N.C.G.S. 20-23.2 states that recognizes the North Carolina DWI conviction or violation of driving rules in federal court in the same way as if the offense resulted in a conviction in state court.

N.C.G.S. In some cases, DWI 20-179,3 provides a limited right of control by the driver or a locking device (if the BAC was a.15 and above) or without it and only for specific purposes.

N.C.G.S. 20-17.3 canceled license to purchase or attempt to alcoholic beverages by minors.

N.C.G.S. 20-36 seats provides a ten-year time limit on when the DMV may consider previous convictions or failure with the tacit consent (except in cases involving license holders for commercial vehicles).

N.C.G.S. 122C? 142.1 establishes requirements for assessment of substance abuse agencies, including the requirements for the various levels of treatment. For example, if a person has no prior DV, do not hit A.15 or greater, and has no disability addiction treatment facility should impose ADETS, the lowest level of treatment.

10A NCAC 41B – the rules established by the Department of Health and Community Services in North Carolina concerning proper maintenance Intox EC / IR II (intaksimetryi and other devices), as well as inspection devices (PBT), which are used by officials on the road.

N.C.G.S. 17C-10 requires that all "criminal justice officials" ( "Law Enforcement") performed some basic training of law enforcement agencies (Blet) in order to be certified in law enforcement in North Carolina. BLET issued by the Commission on Standards of Education and Training in North Carolina criminal liability and includes a standardized field sobriety test, set by the National Highway Traffic Safety Administration (NHTSA). Sometimes a judge in North Carolina say that NHTSA is not the law. This is only partially true. Since BLET takes SFST with NHTSA in its virtual fullness, SFSTs NHTSA effectively act according to the law in North Carolina.

N.C.G.S. 15A-534.2 – is the status of pre-trial release, allowing the judge suddona bear responsibility on the contents of the defendant if it is too grounded to be released, and there is a sober, to release it.