Helms v. Powell

BRITT, Judge.

Did the trial court err in concluding that petitioner is not eligible for a limited driving privilege? We answer in the negative.

G.S. 20-138 provides that:

“(a) It is unlawful and punishable as provided in G.S. 20-179 for any person who is under the influence of intoxi- eating liquor to drive or operate any vehicle upon any highway or any public vehicular area within this State.

“(b) It is unlawful for any person to operate any vehicle upon any highway or any public vehicular area within this State when the amount of alcohol in such person’s blood is 0.10 percent or more by weight…