Smoke Signals, Friday S«pt*mb«r 16, 1983—Pag* 3
The Safe
Roads
Act of 1983
This act. effective October 1, 1983, repeals the
present laws on drunk driving in North Carolina and
replaces them v^ith the single offense of driving
while impaired—DWI '
DWI can be proven in one of two ways
• By proving the driver’s physical or mental facul
ties are appreciably impaired by alcohol, drugs,
or a combination of both, or
• By proving the driver's alcohol conceniration
(AC) IS 0 10 or more at any relevant time after
driving
Plea Bargaining
If a person is charged with DWI, the charge cannot
be reduced to a lesser included offense
Automatic 10-Day Revocation
A driver Charged with DWI who refuses to be tested
or who has an alcohol concentration of 0 10 faces an
automatic and immediate 10-day revocation of his
license He may not obtain a limited driving privilege
for this period
Sentencing Hearing
After a OWI conviction, the trial judge must hold a
sentencing hearing to determine punishment The
new taw establishes five (5) levels of punishment
determined by evider>ce of grossly aggravating, aggra
vating. and mitigating factors
Grossly Aggravating Factors Art:
• Two or more convictions for an impaired driving
offense within 7 years.
• A prior conviction for an impaired driving offense
within 7 years
• Driving while license is revoked under an impaired
driving revocation
• Serious injury to another caused by defendant s
impaired driving
Aggravating Tactors Are:
• Gross impairment or an alcohol concentration of
0 20 or more,
• Especially reckless driving.
• Negligent driving leading to an accident causing
over $500 damage or personal injury,
• Driving while license revoked,
• Two or more prior convictions of a non-impaired
driving offense carrying 3 driver s license points
within S years, or one or more prior convictions of
an impaired driving offense more than 7 years old.
• Speeding to elude arrest,
• Speeding more than 30 mph over the posted limit,
• Passing a stopped school bus.
• Any other aggravating factor
Mitigating Factors Are:
• Slight impairment, solely from alcohol, with an AC
not exceeding 0.11,
• Slight impairment, solely from alcohol, and no
cherruMi test available to the defendant.
• Safe ^d lawful driving except for impairment of
defendant’s faculties,
• Safe driving record—no serious traffic violations
within 5 years of the offense,
• Impairment primarily from lawfully prescribed drug.
• Voluntary submission for assessment and treat
ment before trial,
• Any other mitigating factor
Levels of Punishment
Where grossly aggravating factors are present:
Level 1:
If two or more impaired driving offenses within 7
years, or any other two grossly aggravating factors
are present, punishment is a mandatory minimum of
14 days and up to 2 years in jail A fine of up to $2,000
may tie imposed
Level 2:
If one grossly aggravating factor (other than two or
more impaired driving offenses within 7 years) is
present, punishment is a mandatory minimum of 7
days and up to 1 year m jail A fine of $1,000 may be
imposed
Where no grossly aggravating factors are present:
Level 3:
If aggravating factors outweigh mitigating factors,
punishment is a minimum of 72 hours in jail, or 72
hours of community service, or a 90-day revocation of
driving privileges, or any combination of the three A
fine of up to $500 may be imposed
Level 4:
If neither set of factors outweighs the other, punish
ment IS 48 hours in jail, or 48 hours of community
t
V
■iiTpiRtri m\
Sergeant J.E. Bowen stops and checks a motorist near Murfreesboro.
WANTED
Experienced Waiters
Experienced Waitresses
Experienced Oyster Shuckers
One of this areas top restaurants is currently seeking ap
plicants for the positions above. Contact the Employment
Security Commission Job Service at 332-5016.
The Jenkins House
Hwy 13 and Jernigan Swamp Road
Ahoskie
service, or a 60-day revocation of driving privileges,
or any combination of the three A fine of up to S250
may be imposed
Level S:
If mitigating factors outweigh aggravating factors,
punishment is 24 hours m jail, or 24 hours of commun
ity service, or a 30-day loss of driving privileges, or
any combination of the three A fir^eof up to $100 may
be imposed
Drinking Age
The law raises the age to buy and possess beer and
unfortified wine to 19 The legal age to buy or possess
fortified wine or spirituous liquor remains 21
Youthful Offender
If a provisional licensee (16 or 17) is convicted of
OWI, or refuses to submit to chemical analysis, or is
caught driving with any amount of alcohol or drugs
(excluding prescriptions taken m a lawful amount),
his license will be revoked until he is 18. or for 45 days,
whichever is longer
The statute provides a one-year license revocation
• an underage person attempts to purchase or pur
chases an alcoholic beverage
• an underage person aids or abets another to at
tempt to purchase or purchase an alcoholic bever
age
• an underage person attempts to purchase pur
chases. or possesses alcoholic beverages by using
or attemptmg to use a fraudulent driver's license or
other I D . or by lending his driver's license or any
other I 0 for that purpose
Limited Driving Privileges
Limited driving privileges (LDP) after conviction of
a DWI offense have been curtailed severely LDP is
only available under non-grossly aggravating pun
ishment levels In some instances, a person must
complete a period of court-ordered non-operation
prior to obtaining LDP The privilege extends only to
driving for employment, education, treatment, com
munity service, household maintenance, and emer
gency health needs
Roadbiocl(s
Law enforcement agencies may set up roadblocks
to check for impaired drivers
Preventive Detention
Magistrates must order a person charged with DWI
and who is dangerously impaired held until the per
son IS no longer impaired or until a responsible, sober
adult will take responsibility for him In no event may
he be held longer than 24 hours
Implied Consent
A person charged with DWI may be asked to submit
to a chemical test of his blood or breath Willful re
fusal to take the test carries a 12-month license
revocation
Open Container
A driver may not consume any alcoholic beverage
while driving
Forfeiture
Any person convicted of an impaired driving of
fense while his license is revoked for an earlier
impaired driving offense could forfeit his vehicle The
statute protects innocent third parties
Problem Drinkers
In almost all cases, a person convicted of driving
with an AC level of 0 20 or more, or who is arrested for
a second or subsequent offense withm 5 years, will be
required to undergo a substance abuse assessment
ADETS Revocation
A person assigned to an Alcohol Drug Education
Traffic School who willfully fails to complete the pro
gram successfully will have his license revoked for 12
months
Dram Shop
• Negligent sale of beer, wine or liquor to an under
age person may subject the seller to civil liability if
the minor then consumes the beverage and as a
result of consuming that beverage has an accident
while impaired There is a $500,000 limit on the
amount that can be collected, and proof of good
practices (such as checking I D s) may help pre
vent the imposition of liability
• The ABC Board must suspend the seller's ABC
permit until the judgment is paid
• There is no liability for refusing to sell to or serve a
customer who cannot produce a valid I D
• A seller may hold a person s ID for a reasonable
time to check its validity if the seller tells the person
why It IS being held
Know Your Limit
Driving after excessive drinking is dangerous and
punishable by law So. if you do dnnk and drive, find
your own personal limit and stay within it Remember,
this chart is only a guide — not a guarantee
In North Carolina, an alcohol concentration of 0 10 '
means you are driving impaired A cup of coffee, a
long walk, ora cold shower will not sober you up. only
time can lower the alcohol concentration So. please
do not go over your limit Do not be one of North •
Carolina's alcohol-related fatalities Know your limit
and live
Clip this card, put it m your wallet, and use it
W*tghl
DRINKS (Two Hour PtrM>d)
1W oz. M' Li9Uor, 12 oz.
or $ 01. «Hn*
rr
100
1 2
120
1 2 3
140
1 2 9
160
1 2 3 4
180
1 2 3 4 sm
200
1 2 3 4 (1
220
1 2 3 4 1 8
240
1 2 3 4 1 6
Thlt chart !• an approilmallon
CAUTION DRIVING IMPAIRED LEGALLY DRUNK
AC TO .OSS .0»-.0tS .10«UP
AN OPEN LETTER TO STUDENTS
EARLY CIRCUS DATA
An ex-cavalry sergeant is credited
with starting the first circus in London
in 1769. Large animals, other than
horses, were not a part of the exhibi
tions until 1816, when two elephants did
a performing turn in a Paris circus.
WATERWAYS
There are 26,000 miles of inland and
coastal waterways in the U.S.
August 12,1983
An Open Letter to College and Universi
ty Students:
On October 1, 1983, North Carolina
will have a new set of laws dealing with
those who operate a vehicle while im
paired by alcoholic beverages or any
other impairing substance. The Safe
Roads Act of 1983 does much more than
raise the drinking age for beer and un
fortified wine to 19. We would like for
the students attending our colleges and
universities to be aware of the new law.
Perhaps the best way to explain some
of the comprehensive provisions of the
new law is to state a hypothetical case
involving a student-we will call him
Joe-stopped by a State Highway
Patrolman for driving under the in
fluence of an impairing sutistance.
Joe may have been stopped at one of
the roadblocks law enforcement agen
cies can now establish under the Safe
Roads Act to «heck for drunk drivers.
He may have been stopped because the
trooper saw him drinldng a beer while
driving. Under the Safe Roads Act, it is
unlawful for the driver of a vehicle to
consume any alcoholic beverage while
driving.
Under the new law, Joe can be ar
rested and charged under the single of
fense of impaired driving. There are no
lesser included offenses, such as
careless and reckless driving after
drinking, in the new law; thus, there
will be no more plea bargaining. There
is only one charge, and it can be proved
in one of two ways:
(1) By showing the driver’s physical
or mental faculties are appreciably im
paired by an impairing substance or;
American
Red Cross
+
Well Help.
wni\bu?
Tutoring Programs
AvaUable
If you’re having trouble with your work, then there
is help available. The Special Services office has
tutors available in these areas.
Accounting 141,142
Biology 101
Chemistry 102
Economics 251
English 101,102
Financial Math 161
Foreign Language 101,102
Math 101,102,103-5
Religion 101,102
The service is FREE. You have to take advantage
of it. It will pay off in better grades.
By showing the driver’s alcohol con
centration (AC) is 0.10 or more.
If Joe refuses to submit to a chemical
test, his license will be revoked for one
year. He can apply for limited driving
privileges only after surrendering his
license for six months of the revoca
tion.
If Joe registers 0.10 AC or more on a
chemical test, or refuses the test, he
will be taken before a magistrate and
his license will be suspended im
mediately for 10 days. This is man
datory. No one gets off. Out-of-state
students will have their privileges to
drive in North Carolina suspended for
10 days, just the same as students
licensed in North Carolina.
If the magistrate determines Joe is
too impaired to be released, the
magistrate is empowered under the act
to hold Joe for up to 24 hours or until a
responsible, sober adult will take
responsibility tor him. In no event may
Joe be held for more than 24 hours.
Next, Joe will have a trial on the
charge. If Joe is convicted of driving
while impaired, the law requires the
judge to hold a sentencing hearing
where Grossly Aggravating Drunk
Driving (GADD) factors, aggravating
factors and mitigating factors are
presented by the prosecutor and
defense attorneys. The judge must
weigh these factors in imposing
sentence.
If two GADD factors (a prior im
paired driving offense in the past seven
years, driving with revoked license for
an imparied offense, causing an acci
dent resulting in serious injury to
another) are present, there is a man
datory minimum jail term of 14 days
and Joe can be fined up to $2,000. If one
GADD factor is present, Joe faces a
mandatory minimum seven days in jail
and a fine up to $1,000. If Joe has two or
more prior convictions for driving im
paired within seven years, punishment
is the same as if he had two GADD fac
tors.
If no GADD factors are present, the
judge weighs the aggravating and
mitigating factors. If aggravating fac
tors outweigh mitigating factors, Joe
can be sentenced to a minimum of 72
hours in jail, or 72 hours of community
service or 90 days without driving or a
cpmbination of all. He also faces a fine
of up to $500. If aggravating and
mitigating factors balance out, Joe
faces a sentence of 48 hours in jail, 48
hours community service or 60 days
without driving or a combination of all.
Additionally, Joe can be fined up to
$250. If the mitigating factors outweigh
the aggravating factors, Joe faces a jail
term of 24 hours, or 24 hours connmuni-
ty service or 30 days without driving or
a combination of all. Joe can be fined up
to $100.
Some aggravating factors are: gross
impairment or an AC of 0.20 or more;
especially reckless driving; an acci
dent causing over $500 damage or per
sonal injury; driving while license
revoked; two or more 3-point motor
vehicle offenses within 5 years, or one
or more prior convictions of DWI more
than 7 years old; speeding to elude ar
rest; speeding more than 30 miles per
hour above the posted limit; and pass
ing a stopped school bus.
Some mitigating factors are: slight
impairment solely from alcohol, AC of
0.11 or less; slight impairment solely
from alcohol and no chemical test
available; generally safe driving at
time of offense; no serious traffic of
fenses within past 5 years; impairment
caused by lawfully prescribed drug;
and voluntary submission to treatment
before trial.
If this is Joe’s second offense, he loses
his license for four years and can get no
limited privilege. Revocation is perma
nent for the third offense.
In matters of license revocation for
out-of-state students, North Carolina
has reciprocity with most states for im
paired driving crimes. North Carolina
Secretary Hemon Clark
Division of Motor VeWcles would send
the report of your conviction to your
home state and that state could apply
the sanction. In any event, North
Carolina will revoke your privilege to
operate a motor vehicle in this state.
If Joe holds a North Carolina provi
sional license (issued to 16-and 17-year-
olds) and is convicted of DWI or refuses
to take a chemical test, or is caught
driving with any amount of alcohol or
any impairing substance in his system
(excluding prescriptions taken in a
lawfiil amount), 1^ license will be
revoked until he is 18, or for 45 days,
whichever is longer.
The law also provides a one-year
license revocation if:
-An underage person attempts to pur
chase or purchases an alcoholic
beverage;
-An underage person aids or at>ets
another to attempt to purchase or pur
chase an alcoholic beverage;
-An underage person attempts to pur
chase, purchases or possesses alcoholic
beverages by using or attempting to use
a fraudulent driver’s license or other
I.D., or by lending his driver’s license
or any other I.D. for that purpose.
If Joe registers 0.20 or more on a
chemical test, he will be referred to an
appropriate public or private facility
for treatment and counseling. AC levels
in those ranges are indicative of pro
blem drinkers. Problem drinkers cause
the majority of accidents involving im
paired drivers.
If Joe is caught for DWI after his
license is revoked, he faces forfeiture of
his vehicle.
Another important aspect of the Safe
roads Act which may affect students is
the “Dramshop" provision. Under this
provision, negligent sale of beer, wine
or liquor to an underage person may
subject the seller to civil liability if the
underage person then consumes the
beverage and as a result of consuming
the beverage has an accident while
driving impaired. This provision led
operators (rf establishments which sell
alcoholic beverages to ask for the
power to hold a person’s I.D. for a
reasonable time to check the I.D.'s
validity. The seller must tell the person
why he is holding the I.D.
In addition to the criminal and ad
ministrative sanctions mentioned
above, Joe faces a host of other pro
blems arising from a conviction for
DWI. If he is a first offender, he will
now be required to pay for and attend
classes at one of the state's Alcohol
Drug education Traffic Schools. His car
insurance wiU climl^ precipitously.
Whatever it cost before conviction, it
will now cost him 395 percent more-^
percent more for three years.
It is not worth it to drink and drive.
Your personal costs are too high. The
costs to society are too high. If you
drink, don’t drive. If you drive, don't
drink.
Sincerely,
Heman R. Clark
Secretary
N.C. Department of
Crime Control and
Public Safety
i