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NC H85

Bill

Official Source

Status

Introduced

2/9/2023

Primary Sponsor

Mike Clampitt

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Allows judges to use the actual alcohol concentration result from screening tests to determine probable cause for arrests, not just positive or negative results
  • Permits law enforcement officers, courts, and administrative agencies to use screening test results to establish probable cause that a driver committed an implied-consent offense under G.S. 20-16.2
  • Allows negative or low screening test results to help determine whether alleged impairment comes from substances other than alcohol
  • Clarifies that screening test results cannot be used to prove a particular alcohol concentration level
  • Becomes effective October 1, 2023, and applies to offenses committed on or after that date

Legislative Description

Revise Use of Alcohol Concentration Result

Courts; Crimes; Criminal Procedure; Drug & Alcohol Testing; Dwi; Evidence; Motor Vehicles; Public; Testing; Traffic Offenses

Last Action

Ref to the Com on Regulatory Reform, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

2/13/2023

Committee Referrals

Regulatory Reform2/13/2023

Full Bill Text

No bill text available