North Carolina 2025 Session Status: In Committee Bipartisan · 7 R · 4 D cosponsors

HB 108 — The Sober Operator Act of 2025.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced February 12, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 42% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 11 sponsors

    3 primary, 8 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 R · 4 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

94 added · 91 removed

Plain-language change summary

The recent amendment to House Bill 108 includes additional wording that clarifies the obligations of law enforcement officers in advising individuals charged with implied-consent offenses. Specifically, it emphasizes the requirement for officers to provide clear notification, both orally and in writing, about a driver’s rights and the consequences of refusing a chemical analysis. This change matters because it aims to enhance transparency in the legal process and ensure that individuals understand their rights and potential penalties when faced with such charges.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 108 Short Title:
108 Feb 12, 2025 SESSION 2025 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10048-MLf-23 Short Title:
Representative Clampitt.
Representatives Clampitt, Ager, Kidwell, and Echevarria (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO ALLOW ONLY SOBER DRIVERS TO OPERATE VEHICLES AND VESSELS AND SAVE LIVES OF OPERATORS, PASSENGERS, AND PEDESTRIANS BY LOWERING THE ALCOHOL CONCENTRATION LEGAL LIMIT FOR OPERATING A VEHICLE OR VESSEL FROM 0.08 TO 0.05;
Alcoholic Beverage Control, if favorable, State and Local Government, if favorable, Judiciary 2, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House February 13, 2025 A BILL TO BE ENTITLED AN ACT TO ALLOW ONLY SOBER DRIVERS TO OPERATE VEHICLES AND VESSELS AND SAVE LIVES OF OPERATORS, PASSENGERS, AND PEDESTRIANS BY LOWERING THE ALCOHOL CONCENTRATION LEGAL LIMIT FOR OPERATING A VEHICLE OR VESSEL FROM 0.08 TO 0.05;
TO REDUCE UNNECESSARY MOTIONS BY ADMITTING ALCOHOL AND DRUG SCREENING TESTS TO PROVE THE ARRESTING OFFICER HADPROBABLE CAUSE;
TO REDUCE UNNECESSARY MOTIONS BY ADMITTING ALCOHOL AND DRUG SCREENING TESTS TO PROVE THE ARRESTING OFFICER HADPROBABLECAUSE;
TOASSURETRANSPARENCYINTHECOURTS SOTHAT ALL OPERATORS ARE TREATED EQUALLY AND ALL USERS OF THE STREETS AND WATERWAYS THROUGHOUT THE STATE HAVE EQUAL PROTECTION FROM IMPAIRED DRIVERS BY REQUIRING VIDEO RECORDING OF DISTRICT COURT PROCEEDINGS AND PUBLISHING REPORTS OF HOW IMPAIRED DRIVING CASES ARE RESOLVED;
TOASSURETRANSPARENCYINTHECOURTS SO THAT ALL OPERATORS ARE TREATED EQUALLY AND ALL USERS OF THE STREETS AND WATERWAYS THROUGHOUT THE STATE HAVE EQUAL PROTECTION FROM IMPAIRED DRIVERS BY REQUIRING VIDEO RECORDING OF DISTRICT COURT PROCEEDINGS AND PUBLISHING REPORTS OF HOW IMPAIRED DRIVING CASES ARE RESOLVED;
"§ 20-16.2.
*H108-v-1* General Assembly Of North Carolina Session 2025 "§ 20-16.2.
*DRH10048-MLf-23* General Assembly Of North Carolina Session 2025 (a) Basis for Officer to Require Chemical Analysis;
(a) Basis for Officer to Require Chemical Analysis;
Before any type of chemical analysis is administered the person charged shall be taken before achemicalanalyst authorizedtoadministeratestofaperson'sbreathoralawenforcementofficer who is authorized to administer chemical analysis of the breath, who shall inform the person orally and also give the person a notice in writing that:of the following implied-consent advisory:
Before anytype of chemical analysis is administered the person charged shall be taken before achemicalanalyst authorizedtoadministeratestofaperson'sbreathoralawenforcementofficer who is authorized to administer chemical analysis of the breath, who shall inform the person orally and also give the person a notice in writing that:of the following implied-consent advisory:
If you choose to withdraw your consent and refuse any test, but your drivers license will be revoked for one year and could be revoked for a longer period oftimeundercertaincircumstances,andanofficercancompelyoutobetested under other laws.
If you choose to withdraw your consent and refuse any test, but your drivers license will be revoked for one year and could be revoked for a longer period oftimeundercertaincircumstances,andanofficercancompel youtobetested under other laws.
The request constitutes the person's consent to be transported by the law enforcement officer to the place where the chemical analysis is to be administered.
The request constitutes the person's consent to be transported bythe law enforcement officer to the place where the chemical analysis is to be administered.
… Page 2 DRH10048-MLf-23 General Assembly Of North Carolina Session 2025 (b) Revocations for Persons Who Refuse Chemical Analyses or Who Are Charged With Certain Implied-Consent Offenses.
… Page 2 House Bill 108-First Edition General Assembly Of North Carolina Session 2025 (b) Revocations for Persons Who Refuse Chemical Analyses or Who Are Charged With Certain Implied-Consent Offenses.
Theperiodof revocation is 30 days, ifthere are nopending offenses DRH10048-MLf-23 Page 3 General Assembly Of North Carolina Session 2025 for which the person's license had been or is revoked under this section.
Theperiodof revocation is 30 days, ifthere are no pendingoffenses House Bill 108-First Edition Page 3 General Assembly Of North Carolina Session 2025 for which the person's license had been or is revoked under this section.
If within five working days of the effective date of the order, the person does not surrender his or her license or demonstrate that he or she is not currently licensed, the clerk shall immediately issue a pick-up order.
If within five working days of the effective date of the order, the person does not surrender his or her license or demonstrate that he or she is not currentlylicensed, the clerk shall immediately issue a pick-up order.
Page 4 DRH10048-MLf-23 General Assembly Of North Carolina Session 2025 c.
Page 4 House Bill 108-First Edition General Assembly Of North Carolina Session 2025 c.
The revocation remains in effect pending the hearing, but the hearing must be held within three working 10 days following the request if the hearing is before a magistrate or within five working days if the hearing is before a district court judge.
The revocation remains in effect pending the hearing, but the hearing must be held within three working 10 days following the request if the hearingis before a magistrate or within five working days if the hearing is before a district court judge.
The judicial official's clerk's findings are without prejudice to the person contesting the revocation and to any other potential party as to any other DRH10048-MLf-23 Page 5 General Assembly Of North Carolina Session 2025 proceedings, civil or criminal, that may involve facts bearing upon the conditions criteria in subsection (b) or (b1) of this section considered by the judicial official.
The judicial official's clerk's findings are without prejudice to the person contesting the revocation and to any other potential party as to any other House Bill 108-First Edition Page 5 General Assembly Of North Carolina Session 2025 proceedings, civil or criminal, that may involve facts bearing upon the conditions criteria in subsection (b) or (b1) of this section considered by the judicial official.
If the hearing is not held and completed within three working 10 days of the written request for a hearingbefore amagistrateorwithinfiveworking days ofthewrittenrequest forahearingbefore a district court judge, hearing, the judicial official clerk must enter an order rescinding the revocation, unless the person contesting the revocation contributed to the delay in completing the hearing.
If the hearing is not held and completed within three working 10 days of the written request for a hearingbefore amagistrateorwithinfiveworkingdays ofthewrittenrequest forahearingbefore a district court judge, hearing, the judicial official clerk must enter an order rescinding the revocation, unless the person contesting the revocation contributed to the delay in completingthe hearing.
– A person commits the offense of impaired driving if he the person drives any vehicle upon any highway, any street, or any public vehicular area within this State:State and any of the following conditions are satisfied:
– A person commits the offense of impaired driving if he the person drives any vehicle upon anyhighway, anystreet, or anypublic vehicular area within this State:State and any of the following conditions are satisfied:
The failure to obtain a blood sample pursuant to this subsection shall not be grounds for the dismissal of a charge and is not an appealable issue." Page 6 DRH10048-MLf-23 General Assembly Of North Carolina Session 2025 SECTION 2.(g) G.S.
The failure to obtain a blood sample pursuant to this subsection shall not be grounds for the dismissal of a charge and is not an appealable issue." Page 6 House Bill 108-First Edition General Assembly Of North Carolina Session 2025 SECTION 2.(g) G.S.
The restoration fee shall be paid to the Division in addition to any and all fees which may be provided by law.
The restoration fee shall be paid to the Division in addition to any and all fees which maybe provided by law.
Twenty five Sixty-five dollars ($25.00) ($65.00) of the one two hundred forty fifty dollar and twenty-five cent ($140.25) ($250.00) fee shall be used to fund a statewide chemical alcohol testing program administered by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services.
Twenty five Sixty-five dollars ($25.00) ($65.00) of the one two hundred fortyfiftydollar and twenty-five cent ($140.25) ($250.00) fee shall be used to fund a statewide chemical alcohol testing program administered by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services.
–Unless the magistrateorjudgeclerkorders therevocationrescinded, aperson whose license is revoked under this section must pay a fee of one two hundred fifty dollars ($100.00) ($250.00) as costs for the action before the person's license may be returned under subsection (h) of this section.
–Unless the magistrateorjudge clerkorders therevocationrescinded, aperson whose license is revoked under this section must pay a fee of one two hundred fifty dollars ($100.00) ($250.00) as costs for the action before the person's license may be returned under subsection (h) of this section.
The remaining twenty-five percent (25%) of the costs collected under this section shall be remitted to the county for the sole purpose DRH10048-MLf-23 Page 7 General Assembly Of North Carolina Session 2025 of reimbursing the county for jail expenses incurred due to enforcement of the impaired driving laws." SECTION 3.(c) G.S.
The remaining twenty-five percent (25%) of the costs collected under this section shall be remitted to the county for the sole purpose House Bill 108-First Edition Page 7 General Assembly Of North Carolina Session 2025 of reimbursing the county for jail expenses incurred due to enforcement of the impaired driving laws." SECTION 3.(c) G.S.
– A law-enforcement officer may require the driver of a vehicle to submit to an alcohol screening test within a relevant time after the driving test, drug screening test, or an alcohol screening test and a drug screening test, if the officer has:has either of the following:
– A law-enforcement officer mayrequire the driver of a vehicle to submit to an alcohol screening test within a relevant time after the driving test, drug screening test, or an alcohol screening test and a drug screening test, if the officer has:has either of the following:
For any alcohol screening device that tests the breath of a driver, the Department is directed to specify in its regulations the shortest feasible minimum waiting period that does not produce an unacceptably high number of false positive test results.
For anyalcohol screening device that tests the breath of a driver, the Department is directed to specify in its regulations the shortest feasible minimum waiting period that does not produce an unacceptably high number of false positive test results.
– The fact that a driver showed a positive or negative result on an alcohol screening test, but not the actual alcohol concentration result, result of an alcohol screening test, the type of impaired substance present as shown by an oral fluid drug screening test, or a driver's refusal to submit to a test may be used by a Page 8 DRH10048-MLf-23 General Assembly Of North Carolina Session 2025 law-enforcement officer, is admissible in a court, or may also be used by an administrative agency in determining if there are reasonable grounds for believing:or probable cause to believe any of the following:
– The fact that a driver showed a positive or negative result on an alcohol screening test, but not the actual alcohol concentration result, result of an alcohol screening test, the type of impaired substance present as shown by an oral fluid drug screening test, or a driver's refusal to submit to a test may be used by a Page 8 House Bill 108-First Edition General Assembly Of North Carolina Session 2025 law-enforcement officer, is admissible in a court, or may also be used by an administrative agency in determining if there are reasonable grounds for believing:or probable cause to believe any of the following:
Negative or low results on the alcohol screening test may be used in factually appropriate cases by the officer, a court, or an administrative agency in determining whether a person's alleged impairment is caused by an impairing substance other than alcohol.
Negative or low results on the alcohol screening test may be used in factually appropriate cases by the officer, a court, or an administrative agencyin determining whether a person's alleged impairment is caused by an impairing substance other than alcohol.
(3) For an oral fluid drug screening test, that the driver had consumed one or more impairing substances otherthanalcoholandhadin his orherbodyoneormore previously consumed impairing substances other than alcohol." SECTION 4.(b) G.S.
(3) For an oral fluid drugscreeningtest, that the driver had consumed one or more impairingsubstances otherthanalcoholandhadin his orherbodyoneormore previously consumed impairing substances other than alcohol." SECTION 4.(b) G.S.
Notwithstanding any provision of law to the contrary, making a recording produced in accordance with this section available online in a format that allows a person to view the recording and download or save the recording to his or her device is allowed and sufficient to comply with any provision of Chapter 132 of the General Statutes requiring DRH10048-MLf-23 Page 9 General Assembly Of North Carolina Session 2025 access to public records.
Notwithstanding any provision of law to the contrary, making a recording produced in accordance with this section available online in a format that allows a person to view the recording and download or save the recording to his or her device is allowed and sufficient to comply with any provision of Chapter 132 of the General Statutes requiring House Bill 108-First Edition Page 9 General Assembly Of North Carolina Session 2025 access to public records.
(b) In addition to theinformationrequiredbysubsection(a)ofthis sectionforall offenses involving impaired driving as defined by G.S.
(b) In addition to theinformationrequiredbysubsection(a)ofthis section forall offenses involving impaired driving as defined by G.S.
Page 10 DRH10048-MLf-23 General Assembly Of North Carolina Session 2025 "(d1) Notwithstanding any other provision of law, when a person's license is revoked for an impaired driving offense and the person is sentenced pursuant to G.S.
Page 10 House Bill 108-First Edition General Assembly Of North Carolina Session 2025 "(d1) Notwithstanding any other provision of law, when a person's license is revoked for an impaired driving offense and the person is sentenced pursuant to G.S.
20-179, the Division may conditionally restore the person's license after it has been revoked for at least one year if the person(i)providestheDivisionwithacertificateofgraduationfromaDrug Treatmentor Driving While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of Chapter 7A of the General Statutes, (ii) successfully completes a Division-approved driver improvement clinic described in G.S.
20-179, the Division may conditionally restore the person's license after it has been revoked for at least one year if the person(i)providestheDivisionwithacertificateofgraduationfromaDrugTreatmentor Driving While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of Chapter 7A of the General Statutes, (ii) successfully completes a Division-approved driver improvement clinic described in G.S.
If the Division restores the person's license, it shall place all of the following restrictions, requirements, and conditions onthe personforthedurationoftheoriginal revocation period:
If the Division restores the person's license, it shall place all of the following restrictions, requirements, and conditions onthe person forthedurationoftheoriginal revocation period:
(3) Arequirement thatthe person personally activatetheignition interlock system before driving the motor vehicle.
(3) Arequirement thatthe person personallyactivatetheignition interlock system before driving the motor vehicle.
In lieu of an ignition interlock system, the Division may impose a requirement that the person prove abstention from the consumption of alcohol by use of a continuous alcohol monitoring system approved under G.S.
In lieu of an ignition interlock system, the Division mayimpose a requirement that the person prove abstention from the consumption of alcohol by use of a continuous alcohol monitoring system approved under G.S.
If the person has a previous conviction of this offense in the four years immediately preceding the date of the current offense, and the court imposes a sentence that does not include an active punishment, the court must DRH10048-MLf-23 Page 11 General Assembly Of North Carolina Session 2025 include among the conditions of probation a requirement that the person pay a fine of at least one thousand dollars ($1,000) as authorized by G.S.
If the person has a previous conviction of this offense in the four years immediatelypreceding the date of the current offense, and the court imposes a sentence that does not include an active punishment, the court must House Bill 108-First Edition Page 11 General Assembly Of North Carolina Session 2025 include among the conditions of probation a requirement that the person pay a fine of at least one thousand dollars ($1,000) as authorized by G.S.
Page 12 DRH10048-MLf-23
Page 12 House Bill 108-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on Alcoholic Beverage Control, if favorable, State and Local Government, if favorable, Judiciary 2, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 8 co-sponsors · 168 not signed on

Sponsors (3)

Co-sponsors (8)

Not signed on (168)

168 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety transportation
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Frequently asked questions

Who sponsors HB 108?
HB 108 is sponsored by Bill Ward (Republican), Mitchell S. Setzer (Republican), Stephen M. Ross (Republican), Lindsey Prather (Democratic), Rodney D. Pierce (Democratic), Neal Jackson (Republican), Laura Budd (Democratic), Brian Echevarria (Republican), Keith Kidwell (Republican), Eric Ager (Democratic), and Mike Clampitt (Republican).
What is the current status of HB 108?
This bill is in committee in the House. Introduced February 12, 2025. It must pass committee before a floor vote.
Where can I track HB 108?
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