GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                   D

HOUSE BILL DRH40427-SA-6   (01/23)

Short Title:      DWI for Controlled Substances.		(Public)
Sponsors:	Representative Jackson.
Referred to:

A BILL TO BE ENTITLED

AN ACT to amend driving while impaired and driving while impaired in a commercial vehicle to include specified amounts of certain controlled substances.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑138.1(a) reads as rewritten:

"§ 20‑138.1.  Impaired driving.

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

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

(2)        After having consumed sufficient alcohol that he the person 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; orconcentration.

(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.any of the following controlled substances in the person's blood or urine:

a. A Schedule I controlled substance, as listed in G.S. 90‑89, or its metabolites.

b. Cocaine or its metabolites.

c. Phencyclidine or its metabolites.

d. Methamphetamine or its metabolites.

e. Ketamine or its metabolites.

(4) With a concentration of delta‑9‑tetrahydrocannabinol or delta‑9‑tetrahydrocannabinol metabolite in the person's blood or urine that reaches one of the following levels:

a. A concentration of at least 10 nanograms of delta‑9‑tetrahydrocannabinol in the person's urine.

b. A concentration of at least 2 nanograms of delta‑9‑tetrahydrocannabinol in the person's blood.

c. A concentration of at least 15 nanograms of delta‑9‑tetrahydrocannabinol metabolite in the person's urine.

d. A concentration of at least 5 nanograms of delta‑9‑tetrahydrocannabinol metabolite in the person's blood."

SECTION 2.  G.S. 20‑138.2(a) reads as rewritten:

"§ 20‑138.2.  Impaired driving in commercial vehicle.

(a)        Offense. – A person commits the offense of impaired driving in a commercial motor vehicle if he the person drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the State:this State under any of the following circumstances:

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

(2)        After having consumed sufficient alcohol that he the person has, at any relevant time after the driving, an alcohol concentration of 0.04 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; orconcentration.

(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.any of the following controlled substances in the person's blood or urine:

a. A Schedule I controlled substance, as listed in G.S. 90‑89, or its metabolites.

b. Cocaine or its metabolites.

c. Phencyclidine or its metabolites.

d. Methamphetamine or its metabolites.

e. Ketamine or its metabolites.

(4) With a concentration of delta‑9‑tetrahydrocannabinol or delta‑9‑tetrahydrocannabinol metabolite in the person's blood or urine that reaches one of the following levels:

a. A concentration of at least 10 nanograms of delta‑9‑tetrahydrocannabinol in the person's urine.

b. A concentration of at least 2 nanograms of delta‑9‑tetrahydrocannabinol in the person's blood.

c. A concentration of at least 15 nanograms of delta‑9‑tetrahydrocannabinol metabolite in the person's urine.

d. A concentration of at least 5 nanograms of delta‑9‑tetrahydrocannabinol metabolite in the person's blood."

SECTION 3.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.