1/1/14 - 9/14/14
Frequently Asked Questions - Alcohol
The consumption or possession of alcoholic beverages in a house car is allowed if the consumption or possession occurs in the area of the house car used as sleeping or living quarters and that area is separated from the driving compartment by a solid partition, door, curtain, or some similar means of separation; however, consumption is not authorized while the house car is in motion.
Actual physical control is being in immediate control or having the ability to operate the motor vehicle while being under the influence or having a blood-alcohol concentration of .08 percent or more.
The "per se" alcohol concentration in North Dakota is 0.08 percent. For drivers operating a commercial vehicle, the alcohol concentration is 0.04 percent, and for operators under 21 years of age, the alcohol concentration is 0.02 percent. Even if someone is operating a vehicle with lower alcohol concentrations than those listed, that person may be charged with DUI if they are under the influence of alcohol and/or drugs to a degree which renders them incapable of safely driving. (Reference NDCC 39-08-01.)
Troopers use several different tests on suspected impaired drivers. They consist of two parts: (1) roadside tests and (2) tests done after the arrest. Roadside tests include the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test. A preliminary breath test is also used to screen suspected impaired drivers prior to arrest. After an arrest is made, an impaired driver will be asked to submit to a chemical test which will be used to determine his or her blood alcohol content (BAC). For a chemical test, troopers collect breath, blood, and/or urine samples.
Yes - If someone refuses to submit to an on-site screening test or a chemical test, their driving privileges may be revoked for up to four years. Under North Dakota's implied consent law, anyone who operates a motor vehicle is deemed to have given consent to a chemical test. (Reference NDCC Chapter 39-20.)
A first or second offense for driving under the influence of alcohol/drugs in a seven-year period is a class B misdemeanor with a maximum penalty of 30 days imprisonment and/or $1,500 fine. A third offense in a seven-year period is a class A misdemeanor with a maximum penalty of one year imprisonment and/or $3,000 fine. A fourth or subsequent offense regardless of the time since the previous offense is a class C felony with a maximum penalty of five years imprisonment and/or $10,000 fine.
No. If you refuse to submit to a chemical test, you are not eligible for a work permit.