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North Carolina General Statute 20-138.1 Impaired Driving

THE MATERIALS CONTAINED HEREIN ARE INTENDED TO BE AN INFORMATIVE AND EDUCATIONAL LEGAL REFERENCE SOURCE FOR LAW STUDENTS, NEW ATTORNEYS, LEGAL PROFESSIONALS AND OTHERS INTERESTED IN LEARNING MORE ABOUT THE LEGAL SYSTEM IN NORTH CAROLINA.

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NORTH CAROLINA GENERAL STATUTE 20-138.1 IMPAIRED DRIVING

Impaired DrivingNORTH CAROLINA GENERAL STATUTE 20-138.1 IMPAIRED DRIVING

§ 20-138.1. Impaired driving.

(a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:

(1) While under the influence of an impairing substance; or

(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or

(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.

(a1) A person who has submitted 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 a relevant 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 been legally entitled to use alcohol or a drug is not a defense to a charge under this section.

(b1) Defense Allowed. - Nothing in this section shall preclude a person from asserting that a chemical analys is result is inadmissible pursuant to G.S. 20-139.1(b2).

(c) Pleading. - In any prosecution for impaired driving, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant drove a vehicle on a highway or public vehicular area while subject to an impairing substance.

(d) Sentencing Hearing and Punishment. - Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge shall hold 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 a horse. (1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1; 2006-253, s. 9.)

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My daughter had a second DUI and when it all seemed hopeless, Bill was able to get the charges dropped. This is a man who is extremely knowledgeable, yet still keeps his integrity which was impressive to me. He handles himself with dignity. If you hire him, you will have the best of the best, along with his expansive intellect and wisdom about the law. Please don’t feel hopeless, when you can hire such a great attorney to be on your side.
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I utilized Bill Powers and his firm after my DUI infraction in December 2011. During my initial consultation he immediately made me feel at ease with his knowledge of the law and his confidence in moving forward. Not to mention a great personality. He filled me in on all the ramifications and the process as a whole. I am a realist, and did not expect miracles. But Bill is stickler for procedure and that is what you need in a crises such as this. It took a good year, and the results were more than I could ever anticipate or hope for. I would have paid more had I known the results ahead of time. If you find yourself in a similar situation, trust me, he is your go to lawyer. J SJ