North Carolina General Statutes, Chapter 20

G.S. 20-37.20B. Appeal of disqualification for testing positive in a drug or alcohol test

The full text of G.S. 20-37.20B (Appeal of disqualification for testing positive in a drug or alcohol test), with plain-English commentary from North Carolina DWI defense attorneys Chris Adkins and Chris Purkey in the side column. Article 2C: Commercial Driver License.

Attorney commentary

This section gives a CDL holder a way to challenge a disqualification based on a positive drug or alcohol test reported by an employer. DMV must send notice of the pending disqualification and of the right to a hearing. The driver has 20 days from the date of the notice to request one. Without a request, the disqualification takes effect when the 20 days run out. A timely request puts the disqualification on hold until the hearing is decided.

Practical note: the hearing is held at DMV in Raleigh and is limited to testing procedure and protocol. A certified positive result is prima facie evidence, so the driver’s challenge must focus on how the test was done. The decision can be appealed under G.S. 20-19(c6).

G.S. 20-37.20A (record notation)
G.S. 20-37.19 (employer reporting)

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

§ 20-37.20B. Appeal of disqualification for testing positive in a drug or alcohol test.

Following receipt of notice pursuant to G.S. 20-37.19(c) of a positive test in an alcohol or drug test, the Division shall notify the driver of the pending disqualification of the driver to operate a commercial vehicle and the driver’s right to a hearing if requested within 20 days of the date of the notice. If the Division receives no request for a hearing, the disqualification shall become effective at the end of the 20-day period. If the driver requests a hearing, the disqualification shall be stayed pending outcome of the hearing. The hearing shall take place at the offices of the Division of Motor Vehicles in Raleigh. The hearing shall be limited to issues of testing procedure and protocol. A copy of a positive test result accompanied by certification by the testing officer of the accuracy of the laboratory protocols that resulted in the test result shall be prima facie evidence of a confirmed positive test result. The decision of the Division hearing officer may be appealed in accordance with the procedure of G.S. 20-19(c6). (2005-156, s. 4.)

Official text of N.C. Gen. Stat. § 20-37.20B as published by the North Carolina General Assembly (Chapter 20 PDF, retrieved November 10, 2026). Verify the current version on ncleg.gov ↗.

G.S. 20-37.20B. Appeal of disqualification for testing positive in a drug or alcohol test

§ 20-37.20B. Appeal of disqualification for testing positive in a drug or alcohol test.

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