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ALCOHOL SCREENING DEVICE - DWI - BILL POWERS - LEGAL REFERENCE MATERIALS NCAC .0501

Posted by attorney F. Powers

10A NCAC 41B .0501 SCREENING TESTS FOR ALCOHOL CONCENTRATION

(a) This Section governs the requirement of G.S. 20-16.3 that the Department examine devices suitable for use by law enforcement officers in making on-the-scene tests of drivers for alcohol concentration and that the Department approve these devices and their manner of use. In examining devices for making chemical analyses, the Department finds that at present only screening devices for testing the breath of drivers are suitable for on-the-scene use by law enforcement officers.

(b) This Section does not address or in any way restrict the use of screening tests for impairment other than those based on chemical analyses, including various psychophysical tests for impairment.

History Note: Authority G.S. 20-16.3; 20-16.3A;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. April 1, 2007; October 1, 1993; October 1, 1983; January 1, 1982.

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