ND DUI laws

[Retired Educator]

What hp225 said. There is absolutely no difference between dui and apc in ND. Refusal is the same criminally as well. But, they are even tougher on refusals administratively.

Didn't actually look up the statute. Just know if you want to travel to Canada to fish or hunt you don't want a DUI on your record. If you end up in a position where a DUI is possible, plead it down the best you can. I'm also assuming the level of alcohol may have some bearing on how willing the prosecutor is to a plea bargain. Those of you who know, I'm assuming it's the prosecutor, not law enforcement who has the authority to plea bargain.

Times have changed as I remember an incident about 30 years ago where there were 6 of us in a car and had been partying. On the way home the driver got stopped for crossing the center line. Ended up with a DUI and a ride to the county jail. HP told us someone else would have to drive home as he was being taken into custody. WTH, he was driving because we thought he was the soberest to drive in the first place. Always wondered what defense any of us would have had in court if we had been arrested after being told by the HP to drive home. Luckily never had to find out.

DUI's at times might seem unfair but nowhere near as unfair as an innocent person being killed by a drunk driver.

 

[eyexer]

Damn near impossible to get a cab in Bismarck. I have literally stood outside for 2 hours before I figured out a different way home. Thankfully I'm older now and don't go out very much anymore. The college towns (Fargo/GF) have much better cab networks. When I was in GF a decade ago they had a cab-crawler system through the university, $1 per ride. Great program!

Bismarck needs more somali's.

 

[dean nelson]

Someone from Belcourt got a DUI on a lawn tractor, That was after who knows how many warnings. Also remember reading about a Zamboni driver in ND that got a DUI

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I'm guessing BIA on the reservation might even have a different set of laws/procedures.

When I was a kid there was a guy in jamestown that got one in his damn motorized wheelchair! Have to believe he and the cops where we'll acquainted by the way it went down but my buddy and I thought it was flipping hilarious. Happened right in front of the hardware store in the Jamestown Mall.

 

[H82bogey]

Looks like you guys touched on it, but from experience it doesn't matter if you have your keys or not. I was in this exact situation as a 21 year old. Was sleeping it off in my car when I was woken by a cop. Had to go through the road side Olympics and a breathalyzer. Fortunately I was under the limit by then, so he told me to go home. My keys were actually outside under one of the wheels. Had I been over the limit he would had given me a DUI because he said I was in control of the vehicle.

 

[johnr]

What about in the pickup bed? If a guy has a topper or roll up cover, crawls in the box and passes out?
Is that physical control too?

 

[REY_off]

Most cabs will haul you home for about 5 to ten bucks.

Even broke dudes can swing that, or call a friend

Haha, when was the last time you called a cab. You're way off base with that figure. At least for the bis man area. I haven't gotten a cab ride for less than 20 bucks in 5 years probably. That's if you can even get the cab company to show up at all in this town. Complete joke.

 

[DirtyMike]

Haha, when was the last time you called a cab. You're way off base with that figure. At least for the bis man area. I haven't gotten a cab ride for less than 20 bucks in 5 years probably. That's if you can even get the cab company to show up at all in this town. Complete joke.

REY is spot on with Bismarck cabs. Uber or Lyft needs to get going in this town. Two man cab it nice but expensive.

 

[Kurtr]

Looks like you guys touched on it, but from experience it doesn't matter if you have your keys or not. I was in this exact situation as a 21 year old. Was sleeping it off in my car when I was woken by a cop. Had to go through the road side Olympics and a breathalyzer. Fortunately I was under the limit by then, so he told me to go home. My keys were actually outside under one of the wheels. Had I been over the limit he would had given me a DUI because he said I was in control of the vehicle.

Court has ruled in SD you would not have got a DUI as sitting in a vehicle and keys are not with in arms reach you are good to sleep. Must be different in nd