Established as a highway safety initiative in 1989, the North Carolina Division of Motor Vehicles (NCDMV) created the State of North Carolina Ignition Interlock Program. The objective of the Program is to hold drivers convicted of DWI accountable and to change their driving behavior. Ultimately, the goal is to improve public safety. As the Program evolved and developed, the NCDMV adopted technology to assist in the oversight of its existing DWI statutes or laws (NCGS Sections 20-17.8 and 20-179.3).
These statutes set out those instances in which a driver’s operation of a motor vehicle is limited by law to “a vehicle that is equipped with a functioning ignition interlock system of a type approved by the Commissioner” of NCDMV. This means that it is lawful for the DMV to put a restriction on your driving if you have been arrested and convicted of DWI, depending on the level or type of offense.
The ignition interlock laws apply to anyone who has had their license revoked for driving while impaired and has requested limited driving privileges. In many cases, the limited driving privilege will be granted, however, you may also be required to install an ignition interlock device.
When It’s Required: An Interlock Device Is Required When:
- The person had an alcohol concentration of .15 or more;
- The person has been convicted of another offense involving impaired driving, which offense occurred within seven years immediately preceding the date of the offense for which the person’s license has been revoked; or
- The person was sentenced due to habitual impaired driving.
Length of Time: A Driver Will Be Required To Use The Interlock Ignition Device:
If the person was eligible for and received a limited driving privilege with the ignition interlock requirement, the period of time for which that limited driving privilege shall be:
- One year from the date of restoration if the original revocation period was one year;
- Three years from the date of restoration if the original revocation period was four years; or
- Seven years from the date of restoration if the original revocation was a permanent revocation.
NC Ignition Interlock Laws Will Only Get Tougher
At the time of publication, the North Carolina General Assembly was in session discussing this very law, and have proposed amendments to the statutes to add a clause that will require the interlock ignition device to be installed for anyone under the age of 21 who is convicted of a DWI – no matter what level of offense. Since it is illegal for children under the age of 21 to drink, this is a serious step by the state to decrease the number of accidents, deaths and injuries caused by underage drinking.
There is also a proposed amendment to lower the alcohol concentration to .08 (instead of .15) before requiring the use of the ignition interlock device, and requiring it for anyone who refuses a chemical analysis test.