February 23, 1978
Subject:
Motor Vehicles; DUI; G.S. 20-12.1
Requested By:
Officers T. W. Faulkner and R. E. Cauthen Kannapolis Police Department
Question:
Is an intoxicated parent or other person who is accompanying or instructing a student driver holding a learner’s permit as provided in G.S. 20-11 and G.S. 20-12 chargeable under G.S. 20-138 and subject to the provisions of G.S. 20-12.1.
Conclusion:
Yes.
- G.S.
- 20-11 provides for a permit for the use of minors learning to operate a motor vehicle to enable them to operate on the streets and highways when accompanied by a parent, guardian, or other person approved by the Division of Motor Vehicles provided such parent, guardian or other person is licensed by the Division to operate a motor vehicle.
- G.S.
- 20-12 provides:
"§ 20-12. Instruction. — Any licensed operator or chauffeur may instruct a person who is 16 or more years of age in the operation of a motor vehicle. Any person so instructing another shall be seated as to be within reach of the controls of the motor vehicle and shall be responsible for the operation thereof."
G.S. 20-12.1, passed by the 1977 General Assembly, provides:
"§ 20-12.1. Giving instruction while under the influence of alcohol or drugs. — (a) It shall be unlawful for any person who is under the influence of intoxicating liquor or who is under the influence of drugs to accompany or instruct another person as provided in G.S. 20-11 and G.S. 20-12 of this Article.
(b) Any person accompanying and instructing another person as provided in G.S. 20-11 and G.S. 20-12 of this Article shall be subject to the provisions of G.S. 20-16.2 to the same intent and in the same manner as persons who drive or operate a motor vehicle and in addition shall be subject to the provisions of G.S. 20-17(2)."
Under the provisions of G.S. 20-12.1, an intoxicated parent, guardian or other person approved by the Division of Motor Vehicles who is accompanying or instructing a student driver holding a learner’s permit as provided in G.S. 20-11 and G.S. 20-12 is chargeable pursuant to G.S. 20-138 and subject to the provisions of G.S. 20-16.2 relative to refusal to submit to a chemical test.
Rufus L. Edmisten Attorney General
William W. Melvin Deputy Attorney General