N. C. Gen. Stat. § 20-179 (1997) said:
If the defendant is convicted of impaired driving or habitual impaired driving, the case will move to the sentencing phase which is separate from trial in North Carolina. At the sentencing hearing, the judge must hear evidence and make specific findings on a list of factors which are considered grossly aggravating, aggravating, or mitigating. The judge compares these factors to determine which level of punishment the defendant falls into and then imposes a sentence from a range of options. (N. C. Gen. Stat. § 20-179 (1997)) A vehicle will be subject to forfeiture if the judge specifically finds that the defendant was driving his vehicle at the time of the offense while his license was revoked due to a previous offense involving impaired driving.
1. individuals under age 21 who drive after consuming alcohol or drugs or willfully refuse to submit to a chemical analysis, or individuals under age 18 who drive when no longer eligible for a permit or license;
2. impaired driving violations on military installations substantially equivalent to state law and which resulted in a license revocation or suspension on the installation after a hearing;
3. willful refusal to take a chemical analysis;
4. certain persons charged with offenses that are alcohol related or involve impaired driving for which consent to chemical testing is implied (statute effective July 1, 1998);
5. conviction of impaired driving, or impaired driving with a commercial vehicle when the person did not take a chemical test at the time of the offense or did so with certain results;
6. second or subsequent convictions of transporting an open container of alcohol in the passenger area of a vehicle while the driver is consuming alcohol or alcohol remains in the driver's body;
7. court ordered revocation for offenses involving impaired driving;
8. offenses in other states involving impaired driving which would be grounds for suspension or revocation if committed in North Carolina;
9. manslaughter (or negligent homicide) with a motor vehicle if impaired driving is involved; and
10. unintentionally causing the death of another person by vehicle when this is the proximate cause of the death and driving while impaired is involved.
(N. C. Gen. Stat. § 20-28. 2(a) (1997))
If these conditions are met, the vehicle will be forfeited if the defendant is the only registered owner at the time of the offense. Procedures are available to protect the property interests of innocent parties who are registered owners or have a security interest.