State v. Rose

EXUM, Justice.

The sole issue in this case is whether N.C.G.S. § 20-138.1(a)(2), a section of the Safe Roads Act of 1983, contravenes constitutional due process because it is too vague and because it bears no reasonable relationship to any legitimate legislative purpose. We conclude it does not and affirm.

I

N.C.G.S. § 20-138.1 provides:(a) Offense. — A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:(1) While under the influence of an impairing substance; or(2) After having consumed sufficient…