§ 20-138.2. Impaired driving in commercial vehicle. - North Carolina Statutes

§ 20‑138.2.  Impaireddriving in commercial vehicle.

(a)        Offense. – A personcommits the offense of impaired driving in a commercial motor vehicle if hedrives a commercial motor vehicle upon any highway, any street, or any publicvehicular area within the 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 0.04 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 0.04 or more.

(a2)      In order to provethe gross vehicle weight rating of a vehicle as defined in G.S. 20‑4.01(12b),the opinion of a person who observed the vehicle as to the weight, thetestimony of the gross vehicle weight rating affixed to the vehicle, theregistered or declared weight shown on the Division's records pursuant to G.S.20‑26(b1), the gross vehicle weight rating as determined from the vehicleidentification number, the listed gross weight publications from themanufacturer of the vehicle, or any other description or evidence shall beadmissible.

(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. – Tocharge a violation of this section, the pleading is sufficient if it states thetime and place of the alleged offense in the usual form and charges thedefendant drove a commercial motor vehicle on a highway, street, or publicvehicular area while subject to an impairing substance.

(d)        Implied ConsentOffense. – An offense under this section is an implied consent offense subjectto the provisions of G.S. 20‑16.2.

(e)        Punishment. – Theoffense in this section is a misdemeanor and any defendant convicted under thissection shall be sentenced under G.S. 20‑179. This offense is not alesser included offense of impaired driving under G.S. 20‑138.1, and if aperson is convicted under this section and of an offense involving impaireddriving under G.S. 20‑138.1 arising out of the same transaction, theaggregate punishment imposed by the Court may not exceed the maximum punishmentapplicable to the offense involving impaired driving under G.S. 20‑138.1.

(f)         Repealed bySession Laws 1991, c. 726, s. 19.

(g)        Chemical AnalysisProvisions. – The provisions of G.S. 20‑139.1 shall apply to the offenseof impaired driving in a commercial motor vehicle. (1989, c. 771, s. 12; 1991, c.726, s. 19; 1993, c. 539, s. 363; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑182,s. 24; 2006‑253, s. 10.)