2005 North Carolina Code - General Statutes § 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.

(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.

(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 must 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, bicycle, or lawnmower. (1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1.)

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