DWI statute · North Carolina General Statutes, Chapter 20

The full text of G.S. 20-38.1 (Applicability), with plain-English commentary from North Carolina DWI defense attorneys Chris Adkins and Chris Purkey in the side column. Article 2D: Implied-Consent Offense Procedures.

Attorney commentary

G.S. 20-38.1 is the doorway to Article 2D. It says two things. First, the procedures in Article 2D must be followed when police investigate and process an “implied-consent offense,” a term defined in G.S. 20-16.2(a1) to cover offenses involving impaired driving, a violation of G.S. 20-141.4(a2), and alcohol-related offenses made subject to the implied-consent procedures. Second, the Article’s trial procedures apply to implied-consent cases litigated in district court. The section has carried the same wording since it was enacted by Session Laws 2006-253; the history note on the official text lists no later amendment.

What it means in a DWI case

It ties the case to a set rulebook. Because a DWI is an implied-consent offense, the officer’s investigation (G.S. 20-38.2), post-arrest processing (G.S. 20-38.3), and the magistrate’s initial appearance (G.S. 20-38.4) all run through Article 2D.
It sets the timing of motions in district court. Through this section, G.S. 20-38.6 controls: motions to suppress or dismiss generally must be made before trial, with narrow exceptions for sufficiency motions and newly discovered facts.
It brings in the State’s appeal route. When a district court judge preliminarily indicates a motion should be granted, the State may appeal to superior court under G.S. 20-38.7 before a final ruling is entered.
Its reach is limited by its own words. The trial procedures are tied to cases litigated in district court. A case tried in superior court is not covered by that sentence, and other procedural rules govern there.

Watch for

Whether the charge is actually an implied-consent offense as defined in G.S. 20-16.2(a1). If it is not, Article 2D does not apply by its terms.
Whether the officer and magistrate followed the Article 2D steps that apply after arrest. Gaps in processing or at the initial appearance can matter to how the case is handled.
Motion timing. In district court, a suppression or dismissal motion that is not filed pretrial can be summarily denied if the material facts were already known.
Which court the case is in. The procedural rules change when a case moves from district court to superior court.

Key cases

Most appellate decisions on Article 2D interpret the specific procedure sections, especially G.S. 20-38.6 and G.S. 20-38.7, rather than this applicability section. See the pages for those sections for how each procedure works.

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

§ 20-38.1. Applicability.

The procedures set forth in this Article shall be followed for the investigation and processing of an implied-consent offense as defined in G.S. 20-16.2. The trial procedures shall apply to any implied-consent offense litigated in the District Court Division. (2006-253, s. 5.)

Official text of N.C. Gen. Stat. § 20-38.1 as published by the North Carolina General Assembly (Chapter 20 PDF, retrieved November 10, 2026). Verify the current version on ncleg.gov ↗.

§ 20-38.1. Applicability.

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