What are the rules if you as the licensed driver are over the limit, and your driver is sober, but only has a permit?

Seems like you would still get a DUI

10/4/2009 2:46:35 PM

been banging high school chicks?

10/4/2009 2:47:22 PM

got into an argument about this last night with some friends

10/4/2009 2:49:26 PM

OH WAIT, lets call the lawyer friend. BRB

haven't talked to her in forever anyway

10/4/2009 2:51:32 PM

sweet! lawyers up in this thread yall!!!

10/4/2009 2:52:19 PM

the licensed person will get a dui

10/4/2009 3:04:35 PM

pr00f?

10/4/2009 3:06:01 PM

Yeah the whole point of having the licensed driver in the car is so they can drive if the person with the permit can't...or something like that...

10/4/2009 4:11:14 PM

is there a law that specifically addresses this?

10/4/2009 4:16:47 PM

ya i'm looking for laws here not speculation... I already speculate that its illegal, i just want proof

10/4/2009 4:19:50 PM

i've found tons of pages saying it's illegal and a few quotes from other states DMV websites but nothing for NC

[Edited on October 4, 2009 at 4:22 PM. Reason : v]

10/4/2009 4:22:42 PM

Quote :

"A learner permit authorizes the permit holder to drive a specified type or class of motor vehicles while in possession of the permit. The permit holder must, while operating a motor vehicle over the highways, be accompanied by a person who is licensed to operate the motor vehicle being driven and is seated beside the permit holder. "

This is all I found on the DOT website....I'm sure it's actually a written law somewhere...but I dunno, you could put it like this even if you do have a drivers license but you're drunk then you don't have the right to drive a car so would you be considered a licensed driver at that point? I dunno


Well I started looking through laws and stuff...but I got tired of it and I've stopped...But I think it's a safe bet that you can't use your 15 year old sibiling as a DD for you.

[Edited on October 4, 2009 at 4:43 PM. Reason : ]

10/4/2009 4:23:46 PM

I mean, I agree, but I too got discouraged after searching...

What happened to the lawyers ITT??

10/4/2009 4:58:09 PM

the general explanation i read (although a lot of idiots were trying to respond in other forums too..) was that the passenger has to have a VALID license.. they tried to turn that to mean that their license isn't really valid when they're drinking bc they can't legally drive.

i can see where that could be argued and can't find a law about it anywhere..but i'd be surprised if it weren't illegal

10/4/2009 5:15:03 PM

Quote :

"§ 20-12.1. Impaired supervision or instruction. (a) It is unlawful for a person to serve as a supervising driver under G.S. 20-7(l) or G.S. 20-11 or as an approved instructor under G.S. 20-7(m) in any of the following circumstances: (1) While under the influence of an impairing substance. (2) After having consumed sufficient alcohol to have, at any relevant time after the driving, an alcohol concentration of 0.08 or more. (b) An offense under this section is an implied-consent offense under G.S. 20-16.2. (1977, c. 116, ss. 1, 2; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 435, s. 9; 1993, c. 285, s. 2; 1997-16, s. 7; 1997-443, s. 32.20.)"

10/4/2009 5:17:06 PM

http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bychapter/chapter_20.pdf
(page 46)

10/4/2009 5:18:04 PM

yay! It's been found! Great job!

so it is now official...you can't use your 15 year old brother or random high school kid as your DD

10/4/2009 5:18:13 PM

Thanks guys!!!

10/4/2009 5:28:26 PM

So do both people get a DUI?

10/4/2009 5:48:29 PM

Quote :

"An offense under this section is an implied-consent offense under G.S. 20-16.2. (1977, c. 116, ss. 1, 2; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 435, s. 9; 1993, c. 285, s. 2; 1997-16, s. 7; 1997-443, s. 32.20.)"

There's your answer. ^

10/4/2009 6:49:02 PM

both will get arrested, although conviction rates on this are really low

10/4/2009 6:52:25 PM

BTW Jen is a tease and can not be trusted.

10/4/2009 7:02:44 PM

her lawyer friend was like omg come over and lez out w/ me and she's all like ok be right there

10/4/2009 7:04:12 PM

you can in SC motherfuckers

[Edited on October 5, 2009 at 8:59 AM. Reason : .]

10/5/2009 8:52:36 AM

Why would you even buy your kid a car if they can't taxi you around while you're drunk?

10/5/2009 9:24:36 AM

what cant you do in SC? fuckin lawless bastards

10/5/2009 11:15:58 AM