§ 20-138.1. Impaired driving. - North Carolina Statutes

§ 20‑138.1.  Impaireddriving.

(a)        Offense. – A personcommits the offense of impaired driving if he drives any vehicle upon anyhighway, any street, or any public vehicular area within this State:

(1)        While under theinfluence of an impairing substance; or

(2)        After havingconsumed sufficient alcohol that he has, at any relevant time after thedriving, an alcohol concentration of 0.08 or more. The results of a chemicalanalysis shall be deemed sufficient evidence to prove a person's alcoholconcentration; or

(3)        With any amount of aSchedule I controlled substance, as listed in G.S. 90‑89, or itsmetabolites in his blood or urine.

(a1)      A person who hassubmitted to a chemical analysis of a blood sample, pursuant to G.S. 20‑139.1(d),may use the result in rebuttal as evidence that the person did not have, at arelevant time after driving, an alcohol concentration of 0.08 or more.

(b)        Defense Precluded.– The fact that a person charged with violating this section is or has beenlegally entitled to use alcohol or a drug is not a defense to a charge underthis section.

(b1)      Defense Allowed. – Nothingin this section shall preclude a person from asserting that a chemical analysisresult is inadmissible pursuant to G.S. 20‑139.1(b2).

(c)        Pleading. – In anyprosecution for impaired driving, the pleading is sufficient if it states thetime and place of the alleged offense in the usual form and charges that thedefendant drove a vehicle on a highway or public vehicular area while subjectto an impairing substance.

(d)        Sentencing Hearingand Punishment. – Impaired driving as defined in this section is a misdemeanor.Upon conviction of a defendant of impaired driving, the presiding judge shallhold a sentencing hearing and impose punishment in accordance with G.S. 20‑179.

(e)        Exception. –Notwithstanding the definition of "vehicle" pursuant to G.S. 20‑4.01(49),for purposes of this section the word "vehicle" does not include ahorse. (1983, c.435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1; 2006‑253, s. 9.)