(b) Revocations for
Persons Who Refuse Chemical Analyses or Who Are Charged With Certain
Implied Consent Offenses. – A person's driver's license is subject
to revocation under this section if:
(1) A charging
officer has reasonable grounds to believe that the person has committed an
offense subject to the implied consent provisions of G.S.
20.16.2;.
(2) The person is
charged with that offense as provided in G.S. 20.16.2(a);(3) The charging
officer and the chemical analyst comply with the procedures of G.S.
20.16.2 and G.S. 20.139.1 in requiring the person's submission
to or procuring a chemical analysis; and
(4) The person:
a.
Willfully refuses to submit to the chemical analysis;
b. Has an
alcohol concentration of 0.08 or more within a relevant time after the
driving;
c. Has an
alcohol concentration of 0.04 or more at any relevant time after the driving
of a commercial motor vehicle; or
d. Has
any alcohol concentration at any relevant time after the driving and the
person is under 21 years of age.
(b1) Precharge Test Results as
Basis for Revocation. – Notwithstanding the provisions of subsection (b),
a person's driver's license is subject to revocation under this section if:
(1) The person
requests a precharge chemical analysis pursuant to G.S. 20.16.2(i);
and
(2) The person has:
a. An
alcohol concentration of 0.08 or more at any relevant time after driving;
b. An
alcohol concentration of 0.04 or more at any relevant time after driving a
commercial motor vehicle; or
c. Any
alcohol concentration at any relevant time after driving and the person is
under 21 years of age; and
(3) The person is
charged with an implied consent offense.
Impaired driving checks
A law enforcement agency may make impaired driving
checks of drivers of vehicles on highways and public vehicular areas if the
agency:
(1) Develops a
systematic plan in advance that takes into account the likelihood of
detecting impaired drivers, traffic conditions, number of vehicles to be
stopped, and the convenience of the motoring public.
(2) Designates in
advance the pattern both for stopping vehicles and for requesting drivers
that are stopped to submit to alcohol screening tests. The plan may include
contingency provisions for altering either pattern if actual traffic
conditions are different from those anticipated, but no individual officer
may be given discretion as to which vehicle is stopped or, of the vehicles
stopped, which driver is requested to submit to an alcohol screening test.
(3) Marks the area in
which checks are conducted to advise the public that an authorized impaired
driving check is being made.
This section does not prevent an officer from using the
authority of G.S. 20 16.3 to request a screening test if, in the
course of dealing with a driver under the authority of this section,
he develops grounds for requesting such a test under G.S. 20 16.3.
Alcohol screening tests and the results from them are subject to the
provisions of subsections (b), (c), and (d) of G.S. 20.16.3. This
section does not limit the authority of a law.enforcement officer or
agency to conduct a license check independently or in conjunction with the
impaired driving check, to administer psychophysical tests to screen for
impairment, or to utilize roadblocks or other types of vehicle checks or
checkpoints that are consistent with the laws of this State and the
Constitution of North Carolina and of the United States. (1983,
c. 435, s. 22.)