§ 20-17.6. Restoration of a license after a conviction of driving while impaired or driving while less than 21 years old after consuming alcohol or drugs.
§ 20‑17.6. Restorationof a license after a conviction of driving while impaired or driving while lessthan 21 years old after consuming alcohol or drugs.
(a) Scope. Thissection applies to a person whose license was revoked as a result of aconviction of any of the following offenses:
(1) G.S. 20‑138.1,driving while impaired (DWI).
(2) G.S. 20‑138.2,commercial DWI.
(3) G.S. 20‑138.3,driving while less than 21 years old after consuming alcohol or drugs.
(4) G.S. 20‑138.2A,driving a commercial motor vehicle with an alcohol concentration of greaterthan 0.00 and less than 0.04, if the person's drivers license was revoked underG.S. 20‑17(a)(13).
(5) G.S. 20‑138.2B,driving a school bus, a school activity bus, or a child care vehicle with analcohol concentration of greater than 0.00, if the person's drivers license wasrevoked under G.S. 20‑17(a)(14).
(b) Requirement forRestoring License. The Division must receive a certificate of completion fora person who is subject to this section before the Division can restore thatperson's license. The revocation period for a person who is subject to thissection is extended until the Division receives the certificate of completion.
(c) Certificate ofCompletion. To obtain a certificate of completion, a person must have asubstance abuse assessment and, depending on the results of the assessment,must complete either an alcohol and drug education traffic (ADET) school or asubstance abuse treatment program. The substance abuse assessment must beconducted by one of the entities authorized by the Department of Health andHuman Services to conduct assessments. G.S. 122C‑142.1 describes theprocedure for obtaining a certificate of completion.
(d) Notice ofRequirement. When a court reports to the Division a conviction of a personwho is subject to this section, the Division must send the person writtennotice of the requirements of this section and of the consequences of failingto comply with these requirements. The notification must include a statementthat the person may contact the local area mental health, developmentaldisabilities, and substance abuse program for a list of agencies and entitiesin the person's area that are authorized to make a substance abuse assessmentand provide the education or treatment needed to obtain a certificate ofcompletion.
(e) Effect on LimitedDriving Privileges. A person who is subject to this section is not eligiblefor limited driving privileges if the revocation period for the offense thatcaused the person to become subject to this section has ended and the person'slicense remains revoked only because the Division has not obtained acertificate of completion for that person. The issuance of limited drivingprivileges during the revocation period for the offense that caused the personto become subject to this section is governed by the statutes that apply tothat offense. (1995, c. 496, ss. 1, 11, 12; 1997‑443, s.11A.118(a); 1998‑182, s. 20.)