DWI statute · North Carolina General Statutes, Chapter 20

G.S. 20-28.8. Reports to the Division

The full text of G.S. 20-28.8 (Reports to the Division), 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

This is a record-keeping section. When a vehicle has been seized under G.S. 20-28.3 (impaired driving while revoked, impaired driving with no license and no insurance, or felony speeding to elude), the clerk of superior court must report four events to DMV electronically: a signed impaired driving acknowledgment, a signed speeding to elude arrest acknowledgment, an order of forfeiture, and an order of release. Each report must include anything not already reported in the case: the defendant’s name, address, and license number; the same details for a nondefendant owner, if known; and the vehicle’s make, model, year, VIN, state of registration, and plate number, if known.

What it means in a DWI case

This is how an owner’s signed acknowledgment gets into DMV’s records. Under G.S. 20-28.2(e), a court may not release a seized vehicle to a nondefendant owner if DMV records show that owner signed an acknowledgment before and the same person was driving again, unless the owner proves they took all reasonable precautions and promptly reported any unauthorized use.
A parent, spouse, or friend who gets a car back after someone else’s DWI arrest usually has to sign that acknowledgment. Because of this section, it becomes a record that can follow the owner into a later seizure involving the same driver.
Forfeiture orders and release orders under G.S. 20-28.3 and G.S. 20-28.4 are reported too, so DMV’s file should show what happened to the vehicle.
The duty here falls on the clerk. This section does not add penalties or change the grounds for seizure or forfeiture.

Watch for

Whether DMV’s record is accurate. A prior acknowledgment only blocks release if this owner signed it and the same person was driving. Ask to see the record before a hearing.
Wrong names, license numbers, or VIN in a report. Raise errors with the clerk early so they do not cause problems later.
Before an owner signs, make sure they understand the form: going forward, saying they did not know or did not consent is not a defense unless they took all reasonable precautions and reported unauthorized use right away.

Key cases

We have not found a North Carolina appellate decision that interprets G.S. 20-28.8 itself. Case law on DWI vehicle seizure and forfeiture is discussed on the G.S. 20-28.2 page.

The history line lists S.L. 1998-182 and S.L. 2013-243. The current text covers both impaired driving and speeding to elude acknowledgments.

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

§ 20-28.8. Reports to the Division.

In any case in which a vehicle has been seized pursuant to G.S. 20-28.3, in addition to any other information that must be reported pursuant to this Chapter, the clerk of superior court shall report to the Division by electronic means the execution of an impaired driving acknowledgment as defined in G.S. 20-28.2(a1)(1a), a speeding to elude arrest acknowledgment as defined in G.S. 20-28.2(a1)(8), the entry of an order of forfeiture as defined in G.S. 20-28.2(a1)(4), and the entry of an order of release as defined in G.S. 20-28.3 and G.S. 20-28.4. Each report shall include any of the following information that has not previously been reported to the Division in the case: the name, address, and drivers license number of the defendant; the name, address, and drivers license number of the nondefendant motor vehicle owner, if known; and the make, model, year, vehicle identification number, state of registration, and vehicle registration plate number of the seized vehicle, if known. (1998-182, s. 8; 2013-243, s. 4.)

Official text of N.C. Gen. Stat. § 20-28.8 as published by the North Carolina General Assembly (Chapter 20 PDF, retrieved November 10, 2026). Verify the current version on ncleg.gov ↗.

G.S. 20-28.8. Reports to the Division

§ 20-28.8. Reports to the Division.

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