North Carolina Since December 2007, ignition interlocks are required for at least one year for all repeat offenders and for first-time offenders with a blood alcohol concentration of .15 or greater. From 2006 to 2020 in North Carolina, interlocks stopped 30,306 attempts to drive drunk with a BAC of .08 or greater, including 5,045 attempts to drive drunk in 2020.
Grade: F (22.5/100) North Carolina is one of 16 states without an all-offender interlock law. The state should continue to take steps to improve the interlock law.
Why does MADD not call the law all-offender? Judges are not required to order the device for first-time offenders with a BAC of .08 to .14. Process to obtain an ignition interlock 1. Serve any jail or suspension time, complete a DWI Assessment. 2. Schedule an appointment to have an interlock device installed. 3. Pay all applicable fees. 4. Complete court regulations as well. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense .15 BAC or more Upon conviction 1 year Require interlocks for all first-time convicted drunk drivers. Second offense First refusal Can a drunk driver wait out an interlock order? Yes Legislative Recommendation Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license. Compliance based removal? No Legislative Recommendation Add a compliance-based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program). Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Indigent program? Yes Waiver. – A person who is ordered by a court, or required by statute, to install an ignition interlock system in order to lawfully operate a motor vehicle, but who is unable to afford the cost of an ignition interlock system, may apply to an authorized vendor for a waiver of a portion of the costs of an ignition interlock system. A person who applies for a waiver of a portion of the costs of an ignition interlock system under subsection (b) of this section shall provide to the vendor on a form affidavit created by the Division a statement (i) that the person's income is at or below one hundred fifty percent (150%) of the federal poverty line or (ii) that the person is enrolled in any of the following public assistance programs: (1) Temporary Assistance for Needy Families (TANF). (2) Supplemental Security Income (SSI). (3) Supplemental Nutrition Assistance Program (SNAP). (4) Low Income Home Energy Assistance Program (LIHEAP). (5) Medicaid. Sources: §§20-17.8(a), (b) and (c), §20-179.3(g3) and (g5), §20-17.8(c), NC Session law 2021-182, North Carolina DMV.
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