Section 1
Titles the act “The Sober Operator Act of 2025.”
Section 2
Under current law, driving while impaired and several related criminal offenses involving the consumption of alcohol or other impairing substances are categorized under North Carolina law as implied-consent offenses. When a person is charged with or arrested for an implied-consent offense, the officer may require the person to undergo chemical testing for purposes of detecting the presence of alcohol and other impairing substances and measuring their concentration. If a person refuses to submit to such testing, the person’s license may be administratively revoked and the refusal may be considered as substantive evidence of his or her guilt of the underlying criminal charges.
Amends the immediate civil license administrative revocation process for persons charged with implied-consent offenses under GS 20-16.5 as follows. Now requires a judicial officer (defined) to determine if there is probable cause for the implied-consent offense charge that the person is charged with or has request a pre-charge chemical analysis for the offense and the other requirements of GS 20-16.5(b) or (b1) have been met. This replaces the requirement that a person must willfully refuse to submit to chemical analysis in order for their license to be immediately revoked upon being charged with an implied-consent offense. (Currently revocation for when a person is charged with an implied-consent offense includes the requirement that the person willfully refused to submit to the chemical analysis and has certain alcohol concentration levels at specified times after driving. Revocation for pre-charge request requires alcohol concentration levels at specified times after driving.) Now has hearings go before the Clerk of Court when a driver contests the validity of the revocation of their license (was, clerk or designated magistrate, or district court judge upon request). Provides for the driver to request for a member of the clerk’s office other than the clerk to hold the hearing if the clerk’s office issued the revocation. Provides for video appearance at the clerk hearing. Allows the clerk to consider relevant information concerning the driver in files or records from the DMV or the Administrative Office of the Courts (AOC). Directs that failure of the charging officer or chemical analyst to testify is not grounds to rescind the revocation. Changes deadline for completion of hearing to ten days following the request (was, three or five working days depending on whether the hearing was before a magistrate or judge). Makes technical and conforming changes. Makes language gender neutral.
Makes conforming changes to reflect the new probable cause requirement in the required advisory and notice under GS 20-16.2. Removes references to alcohol concentration levels in GS 20-17(a)(2)b (mandatory revocation of driver’s license by the DMV)
Reduces the required alcohol concentration to incur liability after certain driving times under GS 20-138.1 for impaired driving and GS 20-12.1 (impaired supervision or instruction) from .08 or more to .05 or more. Make technical and conforming changes. Makes language gender neutral.  Amends GS 75A-10 to prohibit operating any vessel on the State's waters after having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.05 (was, 0.08) or more. Makes conforming changes to the relevant blood alcohol content in GS 20-139.1, providing that if a breath sample shows an alcohol concentration of 0.05 (was, 0.08) or more, then requesting a blood sample is in the law enforcement officer's discretion. Makes additional technical changes.
Applies to offenses committed on or after December 1, 2025.
Section 3
Amends GS 20-7(i1) of the Uniform Drivers License Act (governing restoration of license fees) as follows. Expands the conditions that trigger an increased driver’s license restoration fee from when a license is mandatorily revoked under GS 20-17(a)(2) (mandatory revocation for misdemeanor impaired driving or impaired driving of a commercial vehicle under GS 20-138.1 or GS 20-138.2) to also include when a license is revoked under the following statutory offenses: (1) GS 20-17(a)(12) [second or subsequent convictions of driving with an open container barred under misdemeanor open container laws (GS 20-138.7)]; (2) GS 20-17(a)(13) (second or subsequent conviction of driving a commercial motor vehicle after consuming alcohol under GS 20-138.2A (misdemeanor offense for consuming alcohol and driving a commercial vehicle) if the underlying offense was committed within seven years of the date of the prior offense and that offense resulted in conviction); or (3) GS 20-17(a)(14) (a conviction of driving a school bus, school activity bus, or child care vehicle after consuming alcohol under GS 20-138.2B).
Increases the enhanced restoration fee from $140.25 to $250 and changes the distribution of the fee as follows:(1) $120 to the Highway Fund (currently, $105); (2) $65 for a statewide chemical alcohol testing program administered by the Department of Health and Human Services (currently, $25); and (3) $65 to the county for reimbursing the county for jail expenses incurred due to enforcement of impaired driving laws.
Makes conforming changes to GS 20-16.5(j) to account for new costs and clerk’s new role in rescinding revocations. Changes reference to agency receiving costs for the statewide chemical alcohol testing from DHHS’s Injury Control Section to its Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section.
Repeals GS 20-16.5(n) (exceptions for revoked licenses by judicial officers).
Applies to offenses committed on or after December 1, 2025.
Section 4
Authorizes drug screening tests, in addition alcohol screen tests already authorized under GS 20-16.3 when the driver has been involved in either a moving traffic violation or an accident or collision and the officer has reasonable grounds to believe the person is impaired by alcohol, a substance other than alcohol, or both. Directs DHHS to examine and approve oral fluid drug screening devices suitable for use by law-enforcement officers to test drivers for the presence of impairing substances other than alcohol in oral fluids. For each device or class of devices approved, requires DHHS to adopt regulations governing the manner of use of the device and the level of training required for officers who are authorized to use the device, including the shortest feasible minimum waiting period that does not produce an unacceptably high number of false positive test results. Allows negative or low (was, just negative) results on the alcohol screening test to be used in appropriate cases in determining whether the driver’s impairment is caused by an impairing substance other than alcohol. Makes conforming changes.
Changes references from testing methods approved by the Commission for Public Health to DHHS in GS 15A-534.2(d)(2) (alcohol testing for detained impaired drivers).
Applies to offenses committed on or after December 1, 2025.
Section 5
Amends GS 7A-191.1 as follows. Modifies the recording requirements for district court proceedings so that instead of required recording of all proceedings where a defendant pleads guilty or no contest to a Class H or I felony, a record is made for the following proceedings instead: (1) any hearing on an infraction conducted pursuant to Article 66 of GS Chapter 15A (procedure for hearing and disposition of infractions) and (2) any criminal trial proceeding, including pretrial motions, pleas, plea bargains, an explanation required under GS 20-138.4, taking of evidence, sentencing hearings, posttrial motions, and requests for limited driving privileges. Requires video and audio recordings, using devices approved by AOC. Designates clerk of superior court or their designee as the officer to operate the recording device, to preserve the recordings, to share the recording online in a way that allows the person to view and download the recording in compliance with public records law.  Allows for deletion of the proceeding recording in compliance with AOC’s records retention schedule.
Requires the clerk of court to also include the disposition of the charge in its compilation of electronic records related to impaired driving under GS 7A-109.2 (concerning the impaired driving integrated data system).  For defendants sentenced pursuant to G S 20-179, directs clerk to also include in the electronic records (1) each grossly aggravating factor, aggravating factor, and mitigating factor found by the court and (2) the level of punishment imposed by the court. Requires AOC to publish an annual report by September 1 each year on its website that includes the information required by GS 7A-109.2 for the fiscal year immediately preceding the date of the report along with statewide and countywide summaries of the number of charges, dispositions, sentencing factors, and  sentencing level. For each county, requires the report to include each type of charge filed and all of the information required by GS 7A-109.2 for each charge.
Effective December 1, 2025, and applies to any hearing, trial, or disposition of charges occurring on or after that date.
Directs that the first report required under GS 7A-109.2(d), as enacted by the act, will include information from December 1, 2025, through June 30, 2026, and will be published no later than September 1, 2026. Makes conforming changes to effective date of Section 6 of SL 2006-253 (concerning recording requirements under GS 20-138.4) so that it is also effective December 1, 2025.
Section 6
Amends GS 20-19 (suspension or revocation of driver’s license and conditions of restoration) by enacting new subsection (d1) as follows. Permits the DMV when a person has been convicted of an impaired driving offense and was sentenced under GS 20-179, to conditionally restore a person’s license after the license has been revoked for at least one year if the person provides the DMV all of the following: (1) a certificate of graduation from a Drug Treatment or Driving While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of GS Chapter 7A; (2) a letter of recommendation from the presiding judge of the Drug Treatment or DWI Treatment Court, and (3) a fee of $25 in addition to other fees, with the $25 to be deposited in the Highway Fund.
If a license is restored, specifies that the DMV will impose the following requirements and restrictions on the person’s license for the duration of the original revocation period: (1) a requirement that all registered vehicles owned by that person be equipped with a functioning ignition interlock system in line with the requirements of state law set forth in GS 20-17.8(c1); (2) a restriction that the person may operate only a motor vehicle equipped with a functioning ignition interlock system of a type approved by the Commissioner that is set to prohibit driving with an alcohol concentration of  greater than 0.02; (3) a requirement that the person personally activate the ignition interlock system  before driving the motor vehicle. Allows the DMV to impose a requirement that the person prove abstention from the consumption of alcohol by use of a continuous alcohol monitoring system approved under GS 15A-1343.3 in lieu of an ignition interlock system. Provides for reports by the monitoring program to the DMV if that option is used. Permits the DMV to impose other reasonable requirements, restrictions, and conditions on the person in addition to the three specified above.
Effective December 1, 2025.
Section 7
Amends GS 18B-302 (sale to or purchase of alcohol by underage persons) to make it a Class F felony if a person of age who aided and abetted a person under lawful drinking age if the underage person consumed the alcoholic  beverage involved in the violation and serious bodily injury (defined) to the person under lawful age or another results that was proximately caused by the consumption of the alcoholic beverage. Makes conforming changes. Makes conforming changes to GS 18B-302.1. Applies to offenses committed on or after December 1, 2025.
Section 8
Contains severability clause.  Directs that prosecutions for offenses committed before the effective date of the act are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable to those prosecutions.

Statutes affected:
Filed: 20-12.1, 20-16.2, 20-16.5, 20-17, 20-138.1, 20-139.1, 75A-10, 20-7, 20-16.3, 20-138.7, 15A-534.2, 7A-191.1, 7A-109.2, 20-19, 18B-302, 18B-302.1