DWI statute · North Carolina General Statutes, Chapter 20

G.S. 20-17.8A. Tampering with ignition interlock systems

The full text of G.S. 20-17.8A (Tampering with ignition interlock systems), with plain-English commentary from North Carolina DWI defense attorneys Chris Adkins and Chris Purkey in the side column. Article 2: Uniform Driver’s License Act.

Attorney commentary

G.S. 20-17.8A makes it a Class 1 misdemeanor to tamper with, get around, or try to get around an ignition interlock device that a person is required to have, whether the requirement comes from a court order, a statute, or another condition on that person’s right to drive. The State must show the act was done for a purpose the statute names: avoiding or altering the device’s testing when a vehicle is driven or someone tries to drive it, or altering test results the device has received or is receiving. Each act of tampering or attempted circumvention counts as a separate violation. The section was enacted in 2011 (S.L. 2011-381), and the text on this page shows no later amendment.

What it means in a DWI case

Interlock requirements usually follow a DWI conviction, through license restoration under G.S. 20-17.8 or a limited driving privilege under G.S. 20-179.3. This section is how tampering with that device becomes a new crime.
The statute says “any person.” On its face it is not limited to the restricted driver, so someone else who helps get around the device can face the charge too.
Tampering is a separate offense from driving in violation of an interlock restriction, which is generally charged as driving while license revoked under G.S. 20-28. One incident can lead to both charges.
Because each act is a separate violation, a log showing repeated events can mean several counts.

Watch for

Was the device actually required? The charge applies only to a device “required to be installed.” Check the order, the restoration conditions, or the privilege that created the requirement, and the dates it covered.
Purpose. The pattern jury instructions (N.C.P.I.–Crim. 271.80 and 271.81) require proof of the specific purpose. A device fault, a failed calibration, or a vendor service problem is not the same as an intent to avoid testing.
The data. Ask for the full vendor log, service and calibration records, and who pulled the data and how. Interlock reports are often the State’s main evidence.
Count stacking. Make sure each charged count is tied to a distinct act the evidence actually shows.

Key cases

We found no published North Carolina appellate decision interpreting G.S. 20-17.8A as of this review. A related decision on the interlock requirement itself:

State v. Benbow, 169 N.C. App. 613 (2005), held that a district court had no jurisdiction to exempt a driver from the mandatory interlock condition DMV imposed at license restoration under G.S. 20-17.8.

Commentary by Attorney Chris Adkins & Attorney Chris Purkey, Adkins & Purkey, PLLC · Reviewed November 2026 · General information, not legal advice.

§ 20-17.8A. Tampering with ignition interlock systems.

Any person who tampers with, circumvents, or attempts to circumvent an ignition interlock device required to be installed on a motor vehicle pursuant to judicial order, statute, or as may be otherwise required as a condition for an individual to operate a motor vehicle, for the purpose of avoiding or altering testing on the ignition interlock device in the operation or attempted operation of a vehicle, or altering the testing results received or results in the process of being received on the ignition interlock device, is guilty of a Class 1 misdemeanor. Each act of tampering, circumvention, or attempted circumvention under this statute shall constitute a separate violation.

(2011-381, s. 1.)

Official text of N.C. Gen. Stat. § 20-17.8A as published by the North Carolina General Assembly (Chapter 20 PDF, retrieved November 10, 2026). Verify the current version on ncleg.gov ↗.

G.S. 20-17.8A. Tampering with ignition interlock systems

§ 20-17.8A. Tampering with ignition interlock systems.

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