North Carolina HB 108: Local Communicable Disease Programs/Funds.

Bill Text

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 OPERATORS, PASSENGERS, AND PEDESTRIANS BY 3
LOWERING THE ALCOHOL CONCENTRATION LEGAL LIMIT FOR OPERATING A 4
VEHICLE OR VESSEL FROM 0.08 TO 0.05; TO INCREASE EFFICIENCY IN THE 5
IMMEDIATE CIVIL PRETRIAL REVOCATION OF DRIVERS LICENSES; TO 6
REQUIRE IMPAIRED DRIVERS TO PAY THEIR FAIR SHARE OF THE COSTS 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 TREATED EQUALLY AND ALL USERS OF THE STREETS 11
AND WATERWAYS THROUGHOUT THE STATE HAVE EQUAL PROTECTION 12
FROM IMPAIRED DRIVERS BY REQUIRING VIDEO RECORDING OF DISTRICT 13
COURT PROCEEDINGS AND PUBLISHING REPORTS OF HOW IMPAIRED 14
DRIVING CASES ARE RESOLVED; TO ALLOW REPEAT OFFENDERS A METHOD 15
TO PROVE THEIR SOBRIETY AND OBTAIN A LEGAL METHOD TO OPERATE A 16
VEHICLE; AND TO REVISE THE PUNISHMENT IMPOSED ON A PERSON OVER 17
LAWFUL AGE WHO AIDS AND ABETS A PERSON UNDER LAWFUL AGE IN THE 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 consent 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