Here are the various laws and codes concerning the legislation, which operates in North Carolina in violation of (DWI):
NCGS 20-138.1 – is the statute of the driving violation, which makes it an offense to "manage" (and hence work) any vehicle on any highway, any street or in any public area in North Carolina:
Being under the influence of harmful substances; or (noticeable violations of alcohol or any other substance)
Once he has applied a sufficient amount of alcohol, at any time after the control of its alcohol concentration is 0.08 or more. Chemical analysis results are considered to be sufficient evidence to confirm the concentration of alcohol in a person; or with any amount of the substance that controls the schedule I, listed in GS 90-89, or its metabolites in blood or urine. (Opiates are prescribed or not)
NCGS 20-138.2 – is the status of the control commercial traffic with driving violation. Zamest.08.08 it requires display of 0.04 blood alcohol concentration (BAC) at the time of commercial operation of the vehicle.
NCGS 20-138.3 – Provisional Rules violations of driving for people under the age of 21 at the time of the offense. A person may be before the & # 39; charges as shown in the standard DWI, and in the time DWI. The smell is not sufficient, if the driver is not given an opportunity to cut into the car and did not. In North Carolina, the rule of zero tolerance, which means that any amount of alcohol can lead to a conviction of driving after consuming.
NCGS 20-138.4 effectively makes it difficult, if not impossible, lowering DWI charge in most areas of North Carolina. This is because the provision requires the public prosecutor, which reduces the charge to make a comprehensive report to his superior – elected district attorney – of the judicial system through the courts and the administrative courts office.
NCGS 20-179 operates under sentence 20-138.1, 20-138.2 or second or subsequent convictions under 20-138.2A or 20-138.2B (NC zero tolerance rules to operate a bus or commercial vehicle). As described elsewhere on this site, this section sets out aggravating grossly aggravating and mitigating factors, which can be used at sentencing and punishment of six levels, as well as various fees, fines and prison sentences. imposed.
NCGS 20-139.1 establishes procedures by which the chemical analysis can be conducted in accordance with the laws which provide for the coordination of North Carolina. Chemical analysis, which we have in mind, requires, among other things, that the person was informed of his rights (and he was given a written list of rights, for example the waiting period prior to inhalation or blood test. Breath and blood, although urine analysis is the position of which I have never seen. The section also addresses the issue of the admissibility of the results (or refuse to take the test) for testing, and also provides protection as possible objection has been served with notice on the eve of trial.
NCGS 20-16.2 usually read with NCGS 20-139.1, to establish a consensus position on North Carolina. This section focuses on the driver's liability before the & # 39; to reveal the sample in the event of a specific consent to a criminal case, the human right to a hearing on the refusal, if the officer considered that the man refused, and limited rights at the hearing in the Supreme Court, if the judicial speech employee of refusal DMV decided against the driver and revokes the license for one year for refusing to provide a sample.
NCGS 20-19 – this is a common status, which gives the Department of motor vehicles (DMV) suspension or revocation of licenses, including possible crimes involving consent, including for failure to conduct respiratory start or chemical analysis during disturbances possible agreement. In addition, this section instructs the DMV to impose restrictions on human rights law license after it is restored to man could not mets.04 or more BAC within a certain time after the restoration of the rights of the driver's rights DWI sentence.
NCGS 20-141.4 creates a criminal offense (death as a result of the vehicle) in cases when a person unintentionally lock the death of another person while engaged in driving violation and where the DWI was immediate cause of death. This section also created additional crimes, if suras & # 39; oznaya injury caused by the offense DWI.
NCGS 20-138.5 creates a criminal offense if a person has been convicted of three or more violations of driving rules (ET) during the previous 10 years from the date of the offense.
NCGS 20-17.6 controls how the DMV to restore the right to license for driving a vehicle with impaired (DWI) or driving under 21 years after the use of drugs and alcohol. In fact, the Department of motor vehicles must obtain a certificate of alcohol treatment.
NCGS 20-17.8 controls the introduction lock device (where BAC was 15.15 and above) and after recovery control rights DWI with a locking device.
NCGS 20-16.3 allows the official to require prior or portable breath test (PBT) before his arrest, but after the car was stopped and there is every reason to believe that the driver applied the alcohol. If the driver refuses to submit the handheld breath test, the driver's refusal can be used against him in court (although his testimony will not be suspended in case of failure in PBT).
NCGS 20-28.2 and NCGS 20-28.3 allow the government to seize the vehicle of man (through a process of civil forfeiture), if the driver was previously convicted on DWI and had his license suspended or if the person was driving on suspended / revoked or without a license and had no insurance during DWI, even if it was the first DWI. This section describes the removal of the processes, as well as the remedies that are available "innocent owners", which may be people who also have an interest in vehicle ownership (eg, a parent or husband) and do not know that the driver was in violation law.
NCGS 20-16.3A allows police agencies in North Carolina to establish checkpoints in line with "a written policy that provides guidance on the pattern that should be written" (whatever it means!).
NCGS 20-28.9 provides instructions to the Department of State the power to towing, storage and sale of vehicles seized under the offense of DWI.
NCGS 20-16.5 creates civil cancellation in the event of a possible crime, I mean, when a man BAC was high enough, or if the person refused. Civil termination is usually 30 days, although it may be more. This section also established guidelines by which someone can request a limited right driver control during the civil canceled.
NCGS 20-23.2 says that North Carolina recognizes DWI conviction or violation of driving rules in federal court in the same way as if the offense resulted in a conviction in state court.
NCGS 20-179.3 DWI in some cases allows you to use the limited driving privileges or locking device (if the BAC was a.15 or higher), or free, and only for specific purposes.
NCGS 20-17.3 revokes license of a person to buy or attempt to buy alcohol for minors.
NCGS 20-36 establishes a ten-year limit on how long the DMV may consider previous convictions or failure with the tacit consent (except in cases involving license holders for commercial vehicles).
NCGS 122C? 142.1 specifies requirements for a substance abuse assessment agencies, including the requirements for the various levels of treatment. For example, if a person has no prior DV, do not hit A.15 or greater, and has no disability addiction treatment facility should impose ADETS, the lowest level of treatment.
10A NCAC 41B – the rules established by the Department of Health and Community Services in North Carolina concerning proper maintenance Intox EC / IR II (intaksimetryi and other devices), as well as inspection devices (PBT), which are used by officials on the road.
NCGS 17C-10 requires that all "criminal justice officials" ( "Law Enforcement") performed some basic training of law enforcement agencies (Blet), to be certified in the law enforcement agencies in North Carolina. BLET issued by the Commission on Standards of Education and Training in North Carolina criminal liability and includes a standardized field sobriety test, set by the National Highway Traffic Safety Administration (NHTSA). Sometimes a judge in North Carolina say that NHTSA is not the law. This is only partly true. Since BLET takes SFST with NHTSA in its virtual fullness, NHTSA SFST effectively the law in North Carolina.
NCGS 15A-534.2 – is a contractual act of liberation that allows suddonamu judge to order the defendant, if it is too much justified to release him, and there is no sober person who could release him.