Bill
HB 1091
Modernizes DWI laws to improve enforcement, penalties, and driver accountability, including stricter testing, faster revocations, ignition interlocks, and enhanced court transparen
Proposed by Representative Ager; with co-sponsors Brian Echevarria, Joe Pike, Shelly Willingham, and Eric Ager. Filed April 29, 2026. The bill seeks to modernize DWI-related laws across prevention, enforcement, and recovery, with several distinct policy levers designed to improve court transparency, efficiency in civil pretrial revocations, cost-sharing by impaired drivers, and certain testing and regulatory changes. The act is titled “The DWI Modernization Act of 2026.”
Key aims at a glance
- Require magistrates to provide written explanations when a probable cause determination for an implied-consent offense is found “no probable cause.”
- Increase efficiency of immediate civil pretrial license revocations.
- Align costs of processing impaired drivers with responsibilities; introduce new restoration fees and funding allocations.
- Allow or expand use of on-scene alcohol and oral drug screening tests by approved devices, with regulatory oversight.
- Extend stricter rules for Transportation Network Company (TNC) drivers (e.g., Uber/Lyft-type) regarding post-consumption operations and background checks; require TNCs to educate and monitor drivers.
- Improve court transparency through mandatory recording of certain proceedings and enhanced data reporting.
- Create a pathway for repeat offenders to regain driving privileges under strict conditions (e.g., ignition interlock, monitoring).
- Strengthen penalties and administration related to aiding underage persons in obtaining alcohol (with updated fines and probationary conditions).
Detailed provisions by area
1) Magistrates’ written findings for implied-consent cases (Section 2)
- When there is no probable cause for an implied-consent offense (defined in G.S. 20-16.2), magistrates must issue a written explanation on an AOC-approved form.
- The form must include:
- Results/timing of alcohol or other impairing substance screening.
- Results/timing of standardized field sobriety tests.
- Results/timing of any drug recognition expert evaluation.
- Alcohol concentration or refusal status, if available.
- Whether a blood sample was obtained.
- The missing element(s) that led to lack of probable cause.
- A copy must be sent to relevant law enforcement leadership, the chief district court judge, and the district attorney; data recorded electronically in the AOC database and available on request.
- Effective date: December 1, 2026, applying to initial appearances on or after that date.
2) Immediate civil pretrial revocation efficiency and cost-shifting (Section 3)
- Restoration Fee changes under G.S. 20-7(i1):
- General restoration fee set at $70 for most revocations; for certain G.S. 20-17 subtypes, a higher restoration fee (noted as $140.25 in the text, with a reference to $250; language is ambiguous in the excerpt but indicates tiered fees).
- Fees are deposited into the Highway Fund, with portions funding a statewide chemical alcohol impairment testing program (for the Forensic Tests for Alcohol Branch, DHHS) and county jail expense reimbursements.
- Fee waivers possible if unpaid for more than 10 years and license reissued after revocation.
- Annual reports to GA on fee amounts and allocations.
- Implied-consent testing process (G.S. 20-16.2, 20-16.5, 20-16.3 tweaks):
- Clarifies procedures for pre-arrest chemical analysis and post-test revocation triggers.
- Immediate license revocation timelines and procedures continue, with clarified criteria for when revocation begins and the process for hearings.
- Precharge tests (when requested) can trigger revocation if probable cause exists.
- New data and procedural requirements to streamline revocation hearings and processing.
3) TNC drivers: prohibition after drinking and education (Section 5)
- New offense: Operating a Transportation Network Company (TNC) service vehicle after consuming alcohol (similar to other specialized vehicle categories).
- TNC background checks (Section 5(c)):
- Requires TNCs to verify that drivers will not operate while under the influence or with any alcohol/controlled substances remaining in their body.
- Adds a prohibition on drivers who have certain past convictions (e.g., past DUI-related offenses) within a seven-year window.
- TNC obligations (Section 5(d)):
- TNCs must notify drivers of the new provision by December 1, 2026; must comply within 12 months of the effective date.
4) Transparency in court proceedings (Section 6)
- Mandatory recording of certain proceedings (felony guilty/NOLO, hearings on infractions, pretrial motions, and related proceedings) with video and audio by AOC-provided equipment.
- Enhanced disposition records in the impaired driving integrated data system (G.S. 7A-109.2):
- Include alcohol concentration data, suppression reasons, and disposition details for impaired driving offenses.
- Annual statewide and county-level reporting of charges, dispositions, and sentencing factors, with county-level breakdowns.
- Effective dates: December 1, 2026 (recording and reporting components); other portions align with next system updates.
5) Repeat offenders: sobriety path and ignition interlocks (Section 7)
- Restoring conditional driving privileges after at least one year revocation (for certain impaired driving offenders) under strict conditions:
- Requires graduation from a Drug Treatment or DWI Treatment Court Program, completion of a Division-approved driver improvement clinic, and a $25 fee.
- Restored driving would require ignition interlock devices on all registered vehicles and a 0.02” or lower alcohol limit, or an alternative continuous alcohol monitoring system.
- Additional restrictions and conditions during the original revocation period.
6) Aiding/abetting underage alcohol purchases (Section 8)
- Updates to penalties and probation requirements for aiding or abetting an underage person in alcohol purchases, including higher fines and community service obligations when the offense results in serious bodily injury.
Effective dates
- Core provisions generally become law December 1, 2026, applying to offenses committed on or after that date, with some sections addressing initial appearances, hearings, and revocation processes subject to those dates.
- Some sections reference earlier data reporting or later system updates as part of phased implementation.
Impact and who is affected
- Law enforcement and magistrates: new written findings requirement; expanded on-scene testing framework with approved devices.
- Impaired drivers: modified revocation processes, potential restoration pathway with conditions and ignition interlock requirements, and new cost-sharing arrangements.
- Transportation network companies and drivers: new post-consumption prohibitions, enhanced driver screening, and education mandates.
- Courts: expanded recording and data-reporting obligations for transparency and data-driven policy oversight.
- Counties: funding allocations to offset jail costs; additional funding for impairment testing programs.
- General public: potential reductions in impaired driving incidents due to stricter enforcement, new educational requirements, and enhanced court transparency.
Note: The bill contains numerous complex cross-references to existing statutes and contains several substantive typographical inconsistencies in the text provided (e.g., fee amounts and certain cross-referenced numbers). The above summary reflects the intended structure and policy aims as written, but precise dollar figures and the exact regulatory language should be confirmed in the enrolled bill text and fiscal notes.
Compiled from official sources — confirm details with the bill’s official record.
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