NC H273

Persons convicted of impaired driving under G.S. 20-138.1 are ineligible for deferred prosecution or conditional discharge, even if placed on probation under structured sentencing guidelines.

Offenses involving impaired driving as defined in G.S. 20-4.01(24a) cannot be expunged under any expunction statute.

Impaired driving felonies are excluded from the definition of "nonviolent felony" and are therefore ineligible for expunction under G.S. 15A-145.4.

Impaired driving misdemeanors and felonies are excluded from the definition of "nonviolent misdemeanor" or "nonviolent felony" under G.S. 15A-145.5.

When an implied-consent appeal is withdrawn and remanded to district court, a new sentencing hearing is not required if the prosecutor certifies in writing that no new sentencing factors will be presented, effective December 1, 2015.