North Carolina HB 1091: TeachNC License Plate.

Bill Text

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 OPERATORS, PASSENGERS, AND 3
PEDESTRIANS BY REQUIRING 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 PROVE THE ARRESTING OFFICER HAD PROBABLE 9
CAUSE; TO HAVE TRANSPORTATION NETWORK DRIVERS 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 IN OBTAINING ALCOHOLIC 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 Administrative 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 IMMEDIATE 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 p