Current North Carolina CAM-Related Statutes

Download 2007 SB 1290: Enacted into law in 2007, Senate Bill 1290 established guidelines within the NC General Statutes enabling the courts and the Division of Motor Vehicles to use CAM technology in the supervision and assessment of the most serious driving while intoxicated (DWI) offenders. Specific provisions included:

• Established “continuous alcohol monitoring” (CAM) as a supervision alternative for use with Level 1 and Level 2 DWI.

• Identified the NC Department of Corrections as the state agency to evaluate and approve vendor technologies for use in NC as CAM

• Enabled the voluntary use of CAM by applicants for accelerated reinstatement of a conditional driver’s licenses.

Download 2009 HB 926: Enacted into law in 2009, House Bill 926 specifies that applicants with permanently revoked licenses (eligible for restoration hearings after 3 years) and with four year license revocations (eligible for restoration hearings after 2 years) may voluntarily submit 120 days or more of CAM-verified abstinence at DMV restoration hearings in order to demonstrate that they are not “excessive users of alcohol”, a precondition for conditional reinstatement (i.e. ignition interlock supported) within the NC General Statutes.

Download 2011 HB 49: Enacted into law in 2011, House Bill 49 or “Laura’s Law” is an act that increases the punishment for DWI offenders with three or more grossly aggravating factors, including the mandatory use of CAM upon release from jail or prison. Laura’s Law also broadened the specific authorization granted to NC courts for using CAM in the supervision of certain DWI offenders. Specific provisions of this legislation include:

• Aggravated Level 1 DWI - A main feature of Laura’s Law is the creation of a new category of DWI offense, called ‘Aggravated Level 1.’ This category is applicable to defendants who are convicted with a DWI offense with three or more grossly aggravating factors. Under Aggravated Level 1, defendants may be fined up to $10,000 and shall serve a term of imprisonment ranging from a minimum of 12 months but not exceeding 36 months. All individuals who are not given an active sentence of 32 months or longer must wear CAM technology for a minimum of 120 days, immediately upon release. They must also receive a substance abuse assessment and comply with the recommendations of treatment.

• Existing CAM Laws Expanded –

• Removal of 60 day CAM term limitation - CAM can now be assigned as a condition of probation for the entire term of probation. Previously NC statutes limited CAM use in probation for Level 1 or 2 DWI to a maximum of 60 days.

• Removal of $1000 CAM fee cap. Since offenders may now be assigned to CAM for longer periods, the fees they are required to pay for CAM could be correspondingly greater.

• Pretrial CAM use for Defendants with Prior DWI Convictions - Laura’s Law specifically identifies CAM as a potential pre-trial release condition for any defendants having a prior DWI conviction within the past seven years of their most recent DWI-related arrest.