§ 20-138.3. Driving by person less than 21 years old after consuming alcohol or drugs.
§ 20‑138.3. Driving byperson less than 21 years old after consuming alcohol or drugs.
(a) Offense. It isunlawful for a person less than 21 years old to drive a motor vehicle on ahighway or public vehicular area while consuming alcohol or at any time whilehe has remaining in his body any alcohol or controlled substance previouslyconsumed, but a person less than 21 years old does not violate this section ifhe drives with a controlled substance in his body which was lawfully obtainedand taken in therapeutically appropriate amounts.
(b) Subject to Implied‑ConsentLaw. An offense under this section is an alcohol‑related offensesubject to the implied‑consent provisions of G.S. 20‑16.2.
(b1) Odor Insufficient. The odor of an alcoholic beverage on the breath of the driver is insufficientevidence by itself to prove beyond a reasonable doubt that alcohol wasremaining in the driver's body in violation of this section unless the driverwas offered an alcohol screening test or chemical analysis and refused toprovide all required samples of breath or blood for analysis.
(b2) Alcohol ScreeningTest. Notwithstanding any other provision of law, an alcohol screening testmay be administered to a driver suspected of violation of subsection (a) ofthis section, and the results of an alcohol screening test or the driver'srefusal to submit may be used by a law enforcement officer, a court, or anadministrative agency in determining if alcohol was present in the driver'sbody. No alcohol screening tests are valid under this section unless the deviceused is one approved by the Department of Health and Human Services, and thescreening test is conducted in accordance with the applicable regulations ofthe Department as to its manner and use.
(c) Punishment; Effect WhenImpaired Driving Offense Also Charged. The offense in this section is a Class2 misdemeanor. It is not, in any circumstances, a lesser included offense ofimpaired driving under G.S. 20‑138.1, but if a person is convicted underthis section and of an offense involving impaired driving arising out of thesame transaction, the aggregate punishment imposed by the court may not exceedthe maximum applicable to the offense involving impaired driving, and anyminimum punishment applicable shall be imposed.
(d) Limited DrivingPrivilege. A person who is convicted of violating subsection (a) of thissection and whose drivers license is revoked solely based on that convictionmay apply for a limited driving privilege as provided in G.S. 20‑179.3.This subsection shall apply only if the person meets both of the followingrequirements:
(1) Is 18, 19, or 20years old on the date of the offense.
(2) Has not previouslybeen convicted of a violation of this section.
The judge may issue the limiteddriving privilege only if the person meets the eligibility requirements of G.S.20‑179.3, other than the requirement in G.S. 20‑179.3(b)(1)c. G.S.20‑179.3(e) shall not apply. All other terms, conditions, andrestrictions provided for in G.S. 20‑179.3 shall apply. G.S. 20‑179.3,rather than this subsection, governs the issuance of a limited drivingprivilege to a person who is convicted of violating subsection (a) of thissection and of driving while impaired as a result of the same transaction. (1983, c. 435, s. 34; 1985 (Reg.Sess., 1986), c. 852, s. 11; 1993, c. 539, s. 364; 1994, Ex. Sess., c. 24, s.14(c); 1995, c. 506, s. 6; 1997‑379, ss. 4, 5.2; 2000‑140, s. 7;2000‑155, s. 18; 2006‑253, s. 11.)