MOTOR VEHICLE LAW 2026 CORE TEST QUESTIONS AND
ANSWERS SURE A+
✔✔Under the influence of an impairing substance - ✔✔The state of a person having his
physical or mental faculties, or both, appreciably (noticeably) impaired by an impairing
substance.
✔✔Appreciably impaired means - ✔✔Noticeably impaired
✔✔Proof of impairment is the key to a DWI case. To show proof of impairment, the
officer should conduct - ✔✔performance test and note all observations of the driver
✔✔Driving while impaired G.S. 20-138.1
Elements in offense- it is unlawful for a person to: - ✔✔1) operate
2) any vehicle (not just motor vehicle)
3) on a street, highway, or PVA
a. while under the influence of an impairing substance or
b. with alcohol concentration of 0.08 or more at any relevant time after the driving or
c. with any amount of a Schedule I controlled substance in his blood or urine
Also note that this statute is enforceable on a street, highway, or PVA.
✔✔"Under the influence" of an impairing substance - ✔✔which is ANY impairing
substance-not just alcohol.
, ✔✔An officer is not required to prove the - ✔✔type of substance which was consumed
or caused impairment, or how many different substances may have been consumed.
Just prove that impairment exists as outlined in the elements.
A "pre-charge" analysis request must be completed prior to administering the "pre-
charge" test.
✔✔Chemical analysis of implied consent
Implied consent G.S. 20-16.2(a)
A driver may legally refuse testing under implied consent - ✔✔The request must be
made after the chemical analyst or LEO authorized the administer of the test has
informed the defendant both orally and in writing of the following rights:
i) The defendant has been charged with an implied consent offense. The defendant can
refuse the test, but the driver's license will be revoked for one year, and longer under
certain circumstances, and an officer can compel the defendant to be tested under other
laws.
ii) The test results, or the fact of refusal, will be admissible in evidence at trial
iii) The defendants driving privileges will be revoked immediately for at least 30 days: (i)
if any test reveals an alcohol concentration of .08 or more, (ii) if the defendant was
operating a commercial motor vehicle and any test reveals an alcohol concentration of
.04 or more, or (iii) if the defendant was under age 21 and any test reveals an alcohol
concentration above .01.
iv) The defendant may seek his own test after his release
v) The defendant has the right to call an attorney for advice and select a witness to view
the testing procedures after the witness arrives, but the testing may not be delayed for
these purposes longer than 30 minutes from the time the defendant is notified of those
rights
Use for DHHS-4081 for chemical analysis
✔✔A LEO or chemical analysis decides which type of chemical analysis will be
administered, be it blood or breath test or both. If a breath test is given, at least - ✔✔2
sequential breath samples must be obtained with a reading no greater than .02 of each
other.
ANSWERS SURE A+
✔✔Under the influence of an impairing substance - ✔✔The state of a person having his
physical or mental faculties, or both, appreciably (noticeably) impaired by an impairing
substance.
✔✔Appreciably impaired means - ✔✔Noticeably impaired
✔✔Proof of impairment is the key to a DWI case. To show proof of impairment, the
officer should conduct - ✔✔performance test and note all observations of the driver
✔✔Driving while impaired G.S. 20-138.1
Elements in offense- it is unlawful for a person to: - ✔✔1) operate
2) any vehicle (not just motor vehicle)
3) on a street, highway, or PVA
a. while under the influence of an impairing substance or
b. with alcohol concentration of 0.08 or more at any relevant time after the driving or
c. with any amount of a Schedule I controlled substance in his blood or urine
Also note that this statute is enforceable on a street, highway, or PVA.
✔✔"Under the influence" of an impairing substance - ✔✔which is ANY impairing
substance-not just alcohol.
, ✔✔An officer is not required to prove the - ✔✔type of substance which was consumed
or caused impairment, or how many different substances may have been consumed.
Just prove that impairment exists as outlined in the elements.
A "pre-charge" analysis request must be completed prior to administering the "pre-
charge" test.
✔✔Chemical analysis of implied consent
Implied consent G.S. 20-16.2(a)
A driver may legally refuse testing under implied consent - ✔✔The request must be
made after the chemical analyst or LEO authorized the administer of the test has
informed the defendant both orally and in writing of the following rights:
i) The defendant has been charged with an implied consent offense. The defendant can
refuse the test, but the driver's license will be revoked for one year, and longer under
certain circumstances, and an officer can compel the defendant to be tested under other
laws.
ii) The test results, or the fact of refusal, will be admissible in evidence at trial
iii) The defendants driving privileges will be revoked immediately for at least 30 days: (i)
if any test reveals an alcohol concentration of .08 or more, (ii) if the defendant was
operating a commercial motor vehicle and any test reveals an alcohol concentration of
.04 or more, or (iii) if the defendant was under age 21 and any test reveals an alcohol
concentration above .01.
iv) The defendant may seek his own test after his release
v) The defendant has the right to call an attorney for advice and select a witness to view
the testing procedures after the witness arrives, but the testing may not be delayed for
these purposes longer than 30 minutes from the time the defendant is notified of those
rights
Use for DHHS-4081 for chemical analysis
✔✔A LEO or chemical analysis decides which type of chemical analysis will be
administered, be it blood or breath test or both. If a breath test is given, at least - ✔✔2
sequential breath samples must be obtained with a reading no greater than .02 of each
other.
