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2024 Changes to Laws Governing Limited Driving Privileges and Requiring Ignition Interlock

In July, the General Assembly enacted S.L. 2024-43 (H 25), legislation that makes three significant changes to the laws governing driving by person following a conviction for driving while impaired (DWI) and certain related offenses.

First, the act expands the categories of defendants who may receive a limited driving privilege following a DWI conviction. Second, it broadens the categories of defendants who must install an ignition interlock device (IID) as a condition of having their driver’s licenses restored following revocation for DWI-related convictions. Third, it extends revocation periods and IID restriction periods when an IID violation is committed during the last 90 days of the period.

The changes applicable to limited driving privileges are effective for limited driving privileges issued on or after December 1, 2024. The changes applicable to IID restrictions on restored licenses are effective for driver’s licenses that are revoked on or after December 1, 2024.

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Enforcing Ignition Interlock Requirements

I wrote last week about changes to North Carolina’s ignition interlock statutes that were effective June 1, 2022.  As I noted in that post, one of those changes was to eliminate the time and purpose restrictions that otherwise apply to limited driving privileges if ignition interlock is required as a condition and the person is driving a designated vehicle equipped with ignition interlock. Another was to require vendors to waive a portion of ignition interlock costs for a person ordered by a court or required by statute to install ignition interlock but who is unable to afford the system. These changes and others enacted by S.L. 2021-82 were recommended by the Ignition Interlock Subcommittee of the Statewide Impaired Driving Task Force as part of a package of reforms designed to expand the use of ignition interlock and, in turn, to improve traffic safety. It remains to be seen whether the legislation will have that effect.

One determinant may be whether drivers see the benefit of broader driving privileges as being worth the cost of ignition interlock. A judge may be more likely to impose the condition when it is sought by an applicant. Another factor may be whether judges believe that ignition interlock is an effective countermeasure to impaired driving (researchers in fact identify interlock as among the leading countermeasures) and whether ignition interlock requirements in limited driving privileges are enforced in practice. This post addresses this last issue by reviewing the mechanisms for enforcing ignition interlock requirements and the sanctions for violation of ignition interlock conditions imposed by a court as part of a limited driving privilege.

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Does an NC Limited Driving Privilege Authorize Driving in Another State?

Conviction of a host of criminal offenses (many, but not all involving vehicles) may lead to the revocation of a person’s driver’s license by the North Carolina Division of Motor Vehicles (NCDMV). See, e.g., G.S. 20-13.2, 20-16, 20-17, 20-17.3. For certain types of revocations when statutory criteria are satisfied, a state court judge may issue a limited driving privilege that authorizes a person to drive during certain hours for limited purposes, notwithstanding the revocation of the person’s driver’s license. See, e.g., G.S. 20-179.3. Questions occasionally arise about whether the issuance of such a privilege authorizes driving in another state.

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