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Organized by offense category—DWI and related impaired-driving crimes, zero-tolerance provisions, driver’s-license offenses, and rules-of-the-road violations. Each entry breaks the statute into required factual elements, including status (e.g., commercial vehicle), driving location, impairment conditions (alcohol concentration or schedule-controlled substances), and mental-state requirements. Notes clarify charging limits and related, non-lesser-included offenses.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/elements-of-motor-vehicle-offenses-basic-school-for-magistrates/295953/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/elements-of-motor-vehicle-offenses-basic-school-for-magistrates/295953.png","ImageObject",300,407,{"name":92,"@type":93},"Bulrr","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-21","2026-09-18",true,{"@type":102,"interactionType":103,"userInteractionCount":39},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What are the core elements commonly listed for DWI offenses in this materials set?","Question",{"text":112,"@type":113},"The materials break DWI into elements such as driving, the vehicle, location (street/highway or PVA), impairment status (under the influence and specified alcohol concentration or schedule I substances), and supporting statutory conditions.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How do zero-tolerance offenses differ from standard DWI charging elements?",{"text":117,"@type":113},"Zero-tolerance offenses focus on specific prohibited circumstances, such as a person under 21 driving after consuming, and they specify additional conditions about alcohol remaining in the body or consumption-related timing.",{"name":119,"@type":110,"acceptedAnswer":120},"What elements are identified for driver’s license revocation and related licensing offenses?",{"text":121,"@type":113},"The document lists elements including driving a motor vehicle on a highway, the revocation of the driver’s license or driving privilege in North Carolina, and knowledge of the revocation, along with notes about how notice is handled and related limitation scenarios.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},295953,1789964083,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":39,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":41},5909892115043,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","Elements of Motor Vehicle Offenses  \nBasic School for Magistrates  \nShea Denning, School of Government  \n\n| DWI Offenses Elements Items to note |  |  |\n| --- | --- | --- |\n| DWI: G.S. 20-138.1\u003Cbr>Misdemeanor sentenced under G.S. 20-179 | 1. Drive\u003Cbr>2. Vehicle\u003Cbr>3. Street/highway or PVA\u003Cbr>4. While impaired\u003Cbr>a. Under influence\u003Cbr>b. 0.08 AC\u003Cbr>c. Schedule I | p. 29 of yellow book |\n| DWI in commercial motor vehicle: G.S. 20-138.2\u003Cbr>Misdemeanor sentenced under G.S. 20-179 | 1. Drive\u003Cbr>2. Commercial motor vehicle\u003Cbr>3. Street/highway or PVA\u003Cbr>4. While impaired\u003Cbr>a. Under influence\u003Cbr>b. 0.04 AC\u003Cbr>c. Schedule I | p. 68 of yellow book\u003Cbr>Not a lesser included offense of DWI. Can charge both. Limit on aggregate punishment. |\n| Habitual impaired driving: G.S. 20-138.5\u003Cbr>Class F felony | 1. DWI\u003Cbr>2. Has been convicted of 3 or more offenses involving impaired driving within 10 years of offense | p. 52 of yellow book |\n\n\n| Zero Tolerance Offenses | Elements | Items to Note |\n| --- | --- | --- |\n| Driving after consuming by person \u003C 21: G.S. 20-138.3 | 1. Less than 21\u003Cbr>2. Drive | p. 75 of yellow book |\n| Class 2 misdemeanor | 3. Motor vehicle\u003Cbr>4. Highway or PVA 5.\u003Cbr>a. While consuming alcohol;\u003Cbr>b. At any time while person has remaining in his or her body any alcohol previously consumed; or\u003Cbr>c. Any time while he or she has remaining in his or her body any previously consumed controlled substance, unless the controlled substance was lawfully obtained and taken in therapeutically appropriate amounts | Not a lesser included offense of DWI, but punishment limitations apply. |\n| Operating commercial motor vehicle after consuming: G.S. 20-138.2A\u003Cbr>Class 3 misdemeanor | 1. Drive\u003Cbr>2. Commercial motor vehicle*\u003Cbr>3. Street, Highway, or PVA\u003Cbr>4. While consuming alcohol or while alcohol remains in body | p. 76 of yellow book\u003Cbr>* Does not apply to the driving of Class C motor vehicles designed to transport 16 or more passengers or that are transporting hazardous material |\n| Driving school bus/child care\u003Cbr>vehicle/ambulance/EMS vehicle/firefighting vehicle/LE Vehicle after consuming: G.S. 20- 138.2B\u003Cbr>Class 3 misdemeanor | 1. Drive\u003Cbr>2. School bus, school activity bus, child care vehicle, ambulance, other EMS vehicle, firefighting vehicle, or law enforcement vehicle\u003Cbr>3. Street, Highway, or PVA\u003Cbr>4. While consuming alcohol or while alcohol remains in body | p. 77 of yellow book\u003Cbr>Does not apply to law enforcement officers acting in the course of, and within the scope of, their duties |\n\n\n| Driver’s License Offenses | Elements | Items to Note |\n| --- | --- | --- |\n| Driving while license revoked: G.S. 20-28(a) Class 3 misdemeanor | 1. Drive\u003Cbr>2. Motor vehicle\u003Cbr>3. Highway\u003Cbr>4. While driver’s license or privilege to drive in NC is revoked\u003Cbr>5. With knowledge of revocation | p. 101 of Pulled Over\u003Cbr>Does not apply to driving a bicycle or moped.\u003Cbr>Mailing of DMV notice raises presumption that defendant received notice. |\n| Driving while license revoked for impaired driving: G.S. 20-28(a1)\u003Cbr>Class 1 misdemeanor | 1. Drive\u003Cbr>2. Motor vehicle\u003Cbr>3. Highway\u003Cbr>4. While driver’s license or privilege to drive in NC is revoked\u003Cbr>5. With knowledge of revocation\u003Cbr>6. License is revoked for an impaired driving revocation as defined in G.S. 20-28. 2(a) | p. 103 of Pulled Over\u003Cbr>A person subject to ignition interlock who violates that condition commits the offense of driving while license revoked for impaired driving under G.S. 20-28(a1) . See G.S. 20-17.8(f) .\u003Cbr>Driving in violation of the terms of a limited driving privilege constitutes the offense of DWLR. If the limited driving privilege was issued to permit driving during an impaired driving revocation, then violation of its terms constitutes DWLR for an impaired driving revocation. |\n| No operator’s license: G.S. 20-7(a) Class 3 misdemeanor | 1. Drive\u003Cbr>2. Motor vehicle\u003Cbr>3. Highway\u003Cbr>4. Without a valid license | p. 98 of Pulled Over |\n| Failure to comply with licen","cbCaigrR80xAUFbQ","https://ap.wps.com/l/cbCaigrR80xAUFbQ","pdf",285700,12,"English","# DWI Offenses Elements\n# Zero Tolerance Offenses\n# Driver’s License Offenses\n# Rules of the Road","[{\"question\":\"What are the core elements commonly listed for DWI offenses in this materials set?\",\"answer\":\"The materials break DWI into elements such as driving, the vehicle, location (street/highway or PVA), impairment status (under the influence and specified alcohol concentration or schedule I substances), and supporting statutory conditions.\"},{\"question\":\"How do zero-tolerance offenses differ from standard DWI charging elements?\",\"answer\":\"Zero-tolerance offenses focus on specific prohibited circumstances, such as a person under 21 driving after consuming, and they specify additional conditions about alcohol remaining in the body or consumption-related timing.\"},{\"question\":\"What elements are identified for driver’s license revocation and related licensing offenses?\",\"answer\":\"The document lists elements including driving a motor vehicle on a highway, the revocation of the driver’s license or driving privilege in North Carolina, and knowledge of the revocation, along with notes about how notice is handled and related limitation scenarios.\"}]","Elements of Motor Vehicle Offenses - Basic School for Magistrates | PDF",1789726235]