§ 14-445. Defense of alcoholism. - North Carolina Statutes

§14‑445.  Defense of alcoholism.

(a)        It is a defense toa charge of being intoxicated and disruptive in a public place that thedefendant suffers from alcoholism.

(b)        The presiding judgeat the trial of a defendant charged with being intoxicated and disruptive inpublic shall consider the defense of alcoholism even though the defendant doesnot raise the defense, and may request additional information on whether thedefendant is suffering from alcoholism.

(c)        Whenever any personcharged with committing a misdemeanor under G.S. 14‑444 enters a plea tothe charge, the court may, without entering a judgment, defer furtherproceedings for up to 15 days to determine whether the person is suffering fromalcoholism.

(d)        If he believes itwill be of value in making his determination, the district court judge maydirect an alcoholism court counselor, if available, to conduct a prehearingreview of the alleged alcoholic's drinking history in order to gatheradditional information as to whether the defendant is suffering fromalcoholism. (1977, 2nd Sess., c. 1134, s. 1; 1981, c. 519, s. 1.)