Section 1
Establishes as the purpose for this act to (1) incentivize certain individuals charged with impaired driving to install an ignition interlock system prior to trial as a potential mitigating factor at sentencing, (2) encourage responsible behavior and compliance with requirements of said systems, and (3) introduce early intervention measures to reduce repeat offenses.
Section 2
Amends GS 20-179(e), Mitigation Factors to Be Weighed, by enacting new subsection (6b) to provide as a new factor that the defendant (i) before trial, voluntarily equipped a designated motor vehicle with a qualifying ignition interlock system which the defendant then regularly used for at least six months, and (ii) produced satisfactory evidence that the defendant did not start the vehicle with a greater than 0.02 alcohol concentration or commit any acts that violate the interlock policies of the Division of Motor Vehicles or otherwise violate GS 20-17.8A. Applies only where each of the following is true:

The defendant was charged with an offense under GS 20-138.1 (impaired driving).
The vehicle being operated by the defendant was not involved at the time of the offense in a crash resulting in the serious injury or death of a person.
At the time of the offense, the defendant held either a valid driver's license or a license that had been expired for less than one year.
At the time of the offense, the defendant did not have an additional unresolved pending charge involving impaired driving, or an additional conviction of an offense involving impaired driving within the five years preceding the date of the offense.
At the time of the offense the person did not have an alcohol concentration of 0.15 or more.
The defendant equipped the designated motor vehicle with an ignition interlock system no later than 45 days after being charged with the offense.
The defendant only operated the designated motor vehicle with a limited driving privilege that is valid in this State or during a time when the defendant's driver's license was not revoked or suspended.

Amends subsection (7) to reflect that the factor provided in subsection (6b) is exempt from the general rule that mitigation factors under GS 20-179(e) only apply where the conduct that underlies the mitigation factor must have occurred during the same transaction or occurred as the impaired driving offense.
Section 3
Amends GS 20-179.5, affordability of ignition interlock system, to make a person who voluntarily installs an ignition interlock system responsible for installation and monitoring costs. Allows a person who meets the requirements of new GS 20-179(e)(6B) a. through f., described in Section 2 above, but who is unable to afford the cost of an ignition interlock system, to apply for a waiver of a portion of the costs through an authorized vendor.
Section 4
Makes this act effective December 1, 2025, and applicable to offenses committed on or after that date.

Statutes affected:
Filed: 20-179, 20-179.5
Edition 1: 20-179, 20-179.5