NC: Proposed bill would lower North Carolina’s BAC limit to .05%
ABC 13 News
By Rex Hodge
February 18, 2025
HAYWOOD COUNTY, N.C. (WLOS) – A mountain task force is continuing its fight against impaired driving with a new bill submitted to the North Carolina General Assembly that puts several measures into one package.
House Bill 108, called the “Sober Operator Act of 2025,” puts seven measures into one bill. The WNC Regional DWI Task Force says this bill will save lives.
“This is years of work by a big regional team from all disciplines,” said Ellen Pitt, president of the task force.
Pitt continues the fight against impaired driving, pressuring lawmakers to lower North Carolina’s illegal blood alcohol content from 0.08% to 0.05%. This would duplicate a Utah law, which Pitt says has not clogged up court nor impacted alcohol sales. In fact, Pitt says alcohol sales increased by 28% within the state.
House Bill 108 would allow for numerical results of portable breath tests to be used for probable cause.
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“The judge doesn’t see the number. He’s left out in the dark. Twenty-one states use that number for probable cause. That’s what we want,” Pitt said.
She says it is not just alcohol that impairs drivers, but many other drugs, as well. She wants screening tests for those at a time relevant to driving.
Another proposed measure would provide civil revocation if probable cause is found, regardless of the impairing substance.
“Why are we having to pay tax and insurance and stuff? Let them pay,” said Pitt.
The proposal would provide a legal pathway for those completing sobriety courts to obtain a driver’s license. It calls for the completion of a four-hour driving clinic and a continuous alcohol monitoring bracelet for a specific time. This bill would also pertain to boats.
“We feel like that ensures the continued success of that graduate, and it still safeguards the public,” said Pitt.
House Bill 108 also would require the recording of district court proceedings and the posting of impaired driving data.
“It will create a Class F felony for those who aid and abet underage drinking when minors die for alcohol toxicity or cause death or serious injury to another,” Pitt said on the bill.
She says this new omnibus bill is gaining traction in the General Assembly.
“We have bipartisan support,” Pitt confirmed to News 13.
But, there are several steps still ahead. Despite this, she says the task force will not give up.
“There’s nothing really in this bill that’s going to be negotiable. Our agenda is we’re going to save lives and we’re going to save tax dollars, and we’re going to save officers’ time,” she said.