MED Exception to Interlock

N.C. Gen. Stat. Ann. § 20-17.8 (l)
(l) Medical Exception to Requirement. -- A person subject to this section who has a medically diagnosed physical condition that makes the person incapable of personally activating an ignition interlock system may request anexception to the requirements of this section from the Division. The Division shall not issue an exception to this section unless the person has submitted to a physical examination by two or more physicians or surgeons duly licensed to practice medicine in this State or in any other state of the United States and unless such examining physicians or surgeons have completed and signed a certificate in the form prescribed by the Division. Such certificate shall be devised by the Commissioner with the advice of those qualified experts in the field of diagnosing and treating physical disorders that the Commissioner may select and shall be designed to elicit the maximum medical information necessary to aid in determining whether or not the person is capable of personally activating an ignition interlock system. The certificate shall contain a waiver of privilege and the recommendation of the examining physician to the Commissioner as to whether the person is capable of personally activating an ignition interlock system.The Commissioner is not bound by the recommendations of the examining physicians but shall give fair consideration to such recommendations in acting upon the request for medical exception, the criterion being whether or not, upon all the evidence, it appears that the person is in fact incapable of personally activating an ignition interlock system. The burden of proof of such fact is upon the person seeking the exception.Whenever an exception is denied by the Commissioner, such denial may be reviewed by a reviewing board upon written request of the person seeking the exception filed with the Division within 10 days after receipt of such denial. The composition, procedures, and review of the reviewing board shall be as provided in G.S. 20-9(g)(4).


Added by S.L. 1999-406, § 3, eff. July 1, 2000. Amended by S.L. 2000-155, §§ 1 to 3, eff. Sept. 1, 2000; S.L. 2001-487, § 8, eff. Dec. 16, 2001; S.L. 2006-253, §§ 22.3, 22.4 eff. Dec. 1, 2006; S.L. 2007-493, § 10, eff. Aug. 30, 2007; S.L. 2007-493, § 28, eff. Dec. 1, 2007; S.L. 2009-369, §§ 5, 6, eff. Dec. 1, 2009; S.L. 2011-191, § 3, eff. Dec. 1, 2011.

Editors' Notes

EXPIRATION<The amendment by S.L. 2009-369, §§ 5, 6, expires Dec. 1, 2014, pursuant to § 7 of that act.>