In the state of North Dakota, driving under the influence (DUI), is an offense that is punishable by law. North Dakota DUI law states that it is illegal for any person to operate a motor vehicle for anyone who is under the influence of alcohol or drugs.
North Dakota DUI – statute(s)
- NDCC, 39-08-01.
North Dakota DUI – standard
- “A person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if any of the following apply: . . . [t]hat person is under the influence of any drug or substance or combination of drugs or substances to a degree which renders that person incapable of safely driving.” NDCC, 39-08-01(1)(c).
North Dakota DUI – applicable substances
- Any drug.
North Dakota DUI – affirmative defense
- Person’s legal entitlement to use a drug does not provide a defense “unless a drug which predominately caused impairment was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to that person.” NDCC, 39-08-01(1).
North Dakota Per se – statute(s)
North Dakota Per se – standard
- N/A
North Dakota Per se – applicable substances
- N/A
North Dakota Per se – affirmative defense
- N/A
North Dakota Implied consent – applicable drivers
- Any individual who operates a motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in North Dakota. NDCC, 39-20-01(1).
North Dakota Implied consent – tests authorized
- Chemical test, or tests, of the blood, breath, or urine. NDCC, 39-20-01(1).
North Dakota Implied consent – basis for test
- LEO can request test if driver placed under arrest for driving under the influence. NDCC, 39-20-01(2).
- LEO can request test if driver involved in crash that resulted in the death or serious bodily injury of another person and there is “probable cause to believe” that driver was operating vehicle while under the influence. NDCC, 39-20-01.1(1), (2).
