HB 789 North Carolina House · 2025-2026 Session

Mitigating Factor/Pretrial Use of Ignition Interlock Device.

HB 789 creates a new mitigating factor for individuals charged with impaired driving offenses in North Carolina. This factor applies if the defendant voluntarily equips their vehicle with an approved ignition interlock system within 45 days of being charged and uses it for at least six months prior to trial, without violations. The bill aims to incentivize early intervention and responsible behavior by offering a potential reduction in sentencing for eligible defendants who meet specific criteria. It also allows individuals who voluntarily install the system and meet certain requirements to apply for a waiver of a portion of the costs if they cannot afford it.

Issues: ✓ Criminal Justice

Bill status passed 3 of 5 stages cleared

Introduction

Apr 2025

Committee Review

May 2025

House Passage

May 2025

Senate Passage

Governor

Introduced Apr 3, 2025 Last action May 5, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

Edition 1 → Edition 2 · 4 edits

MODERATE

This bill revision removes sponsor information and committee referral details while making substantive changes to eligibility requirements for using ignition interlock system use as a mitigating factor in impaired driving cases. The changes clarify that defendants must operate only the designated vehicle with the interlock system and add a new requirement that defendants must be charged with an offense under G.S. 20-138.1 to qualify for the mitigating factor.

Scope change

The bill's scope remains focused on establishing mitigating factors for impaired driving offenses, but eligibility criteria have been modified to be more specific about the type of charge and vehicle operation requirements.

TECHNICAL

Removed sponsor names and committee referral information from the header section, which is a procedural change rather than a substantive policy modification.

REQUIREMENT

Changed the requirement from 'regularly used' the ignition interlock system to 'operated only the designated vehicle with the ignition interlock system', making the requirement more specific about exclusive use of the interlock-equipped vehicle.

ELIGIBILITY

Added a new requirement that the defendant must be charged with an offense under G.S. 20-138.1 to qualify for the mitigating factor, narrowing the scope of eligible offenses.

Reorganized the eligibility criteria by removing the first requirement about being charged with G.S. 20-138.1 and adding it as a new lettered requirement (a) in the list of conditions that must be met.

Floor votes · House May 1, 2025

How they voted

101–7

Passed · 13 other

Total votes 121

May 1, 2025

D Democratic46

35 Yea 6 Nay 5

76% Yea

I Independent2

2 Yea

100% Yea

R Republican73

64 Yea 1 Nay 8

87% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

May 5, 2025

Committee

Ref To Com On Rules and Operations of the Senate

upper

May 1, 2025

Lower · Passed

Passed 3rd Reading

lower

Apr 30, 2025

Lower · Passed

Reptd Fav

lower

Apr 29, 2025

Committee

Re-ref Com On Rules, Calendar, and Operations of the House

lower

Apr 29, 2025

Lower · Passed

Reptd Fav Com Substitute

lower

Apr 8, 2025

Committee

Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

lower

Apr 3, 2025

Introduced

Filed

lower

3 primary · 7 co-sponsors