S.L. 2021-182 (S 183) enacted significant changes to the laws that require certain persons convicted of driving while impaired to have ignition interlock installed on their vehicles. Those changes include: (1) eliminating the 45-day delay for a limited driving privilege to become effective, (2) requiring that ignition interlock be installed only on the vehicle or vehicles the person drives rather than all the vehicles the person owns, (3) requiring that ignition interlock vendors waive a portion of ignition interlock costs for qualified persons, (4) removing the time and purpose restrictions on a limited driving privilege if a person has ignition interlock, (5) changing the alcohol concentration restrictions for ignition interlock from 0.04 and 0.00 to a universal standard of 0.02; and (6) directing a legislative committee to study ignition interlock expansion and related issues.
In this earlier blog post, I discussed changes made to North Carolina’s first appearance process, to be effective for criminal processes served on or after December 1, 2021. Additional amendments have been made in new legislation.
In Session Law 2021-182 (S183), Section 2.5.(a) revised G.S. 15A-601 as previously amended by S.L. 2021-138.
Defendants charged with misdemeanors and in custody to get first appearance
This amendment does not affect a significant change made by S.L. 2021-138–the expansion of first appearance to include defendants charged with misdemeanors who are in custody. Under current law, only criminal defendants with felony charges are required to get first appearance.