H.B. 211
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 27, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30110-ML-61
Short Title: DWI Sentencing/Mitigating Factors. (Public)
Sponsors: Representative Clampitt.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO AMEND THE MITIGATING FACTORS CONSIDERED IN IMPAIRED
3 DRIVING SENTENCING TO PROVIDE THAT IMPAIRED DRIVING RESULTING
4 FROM CONSUMPTION OF ALCOHOL IS JUST AS DANGEROUS AS IMPAIRED
5 DRIVING RESULTING FROM OTHER IMPAIRED SUBSTANCES.
6 The General Assembly of North Carolina enacts:
7 SECTION 1. G.S. 20-179(e) reads as rewritten:
8 "(e) Mitigating Factors to Be Weighed. – The judge shall also determine before sentencing
9 under subsection (f) of this section whether any of the mitigating factors listed below apply to
10 the defendant. The judge shall weigh the degree of mitigation of each factor in light of the
11 particular circumstances of the case. The factors are:
12 (1) Slight impairment of the defendant's faculties resulting solely from alcohol,
13 and an alcohol concentration that did not exceed 0.09 at any relevant time after
14 the driving.
15 (2) Slight impairment of the defendant's faculties, resulting solely from alcohol,
16 with no chemical analysis having been available to the defendant.
17 (3) Driving at the time of the offense that was safe and lawful except for the
18 impairment of the defendant's faculties.
19 (4) A safe driving record, with the defendant's having no conviction for any motor
20 vehicle offense for which at least four points are assigned under G.S. 20-16 or
21 for which the person's license is subject to revocation within five years of the
22 date of the offense for which the defendant is being sentenced.
23 (5) Impairment of the defendant's faculties caused primarily by a lawfully
24 prescribed drug for an existing medical condition, and the amount of the drug
25 taken was within the prescribed dosage.
26 (6) The defendant's voluntary submission to a mental health facility for
27 assessment after being charged with the impaired driving offense for which
28 the defendant is being sentenced, and, if recommended by the facility,
29 voluntary participation in the recommended treatment.
30 (6a) Completion of a substance abuse assessment, compliance with its
31 recommendations, and simultaneously maintaining 60 days of continuous
32 abstinence from alcohol consumption, as proven by a continuous alcohol
33 monitoring system. The continuous alcohol monitoring system shall be of a
34 type approved by the Division of Community Supervision and Reentry of the
35 Department of Adult Correction.
36 (7) Any other factor that mitigates the seriousness of the offense.
*DRH30110-ML-61*
 General Assembly Of North Carolina Session 2023
1 Except for the factors in subdivisions (4), (6), (6a), and (7) of this subsection, the conduct
2 constituting the mitigating factor shall occur during the same transaction or occurrence as the
3 impaired driving offense."
4 SECTION 2. This act becomes effective December 1, 2023, and applies to offenses
5 committed on or after that date.
Page 2 DRH30110-ML-61


Statutes affected:
Filed: 20-179
Edition 1: 20-179