Alcohol Violations
Is it legal to have an open container of alcohol in a motor vehicle?
No. It is illegal to have an open container in a motor vehicle. A person can be cited for open container if it is inside or on a motor vehicle. Passengers can also be cited for an open container violation.
How do troopers test suspected impaired drivers?
North Dakota Highway Patrol troopers use several different tests on suspected impaired drivers. They consist of two parts, roadside tests and tests done after the arrest. Roadside tests include horizontal gaze nystagmus, walk and turn, and the one leg stand. A preliminary breath test is also used to screen DUI drivers prior to arrest. After an arrest is made, a DUI driver will then be requested to submit to a chemical test which will be used to determine his or her blood alcohol content (B.A.C.). This test could either be an intoxylizer (breath), blood, or urine test.
What happens if I refuse to submit to alcohol testing?
If you refuse to submit to an on-site screening test or a chemical test, your driving privileges can be revoked for up to four years.
What is the legal blood-alcohol limit in North Dakota?
The legal per se alcohol limit in North Dakota is 0.08 percent; for people under the age of 21 it is 0.02 percent and for Commercial drivers, 0.04 percent.
What are the penalties for impaired driving in North Dakota?
The first and second offense in a five-year period is a class B misdemeanor. The maximum penalty is 30 days imprisonment and/or $1,000 fine. The third offense in a five-year period is a class A misdemeanor with a maximum penalty of one year imprisonment and/or $2,000 fine. It's a class A misdemeanor for the fourth offense in a seven year period and a class C felony for the fifth or subsequent offense in seven years. A class C felony maximum penalty is five years imprisonment and/or $5,000 fine.
What is actual physical control?
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.
Can I get a work permit if I refuse an alcohol test?
No. If you refuse an alcohol test you are not eligible for a work permit.