ND DUI laws

[Davy Crockett]

I was flipping through the tv channels last night and watched a Law enforcement show called jail . There was a guy getting booked into jail for DUI and he was being cooperative but trying to explained his side of the story that he knew he had too much to drink so he decided not to drive and was sleeping it off in his pickup when two officers rolled up and busted him for DUI. I'm like WTH ? Don't get me wrong, I don't condone driving under the influence of alcohol or drugs but I felt bad for the kid, He didn't look like he had two nickels to rub together. It pissed me off to think that the guy had enough sense NOT to drive drunk but was still charged with DUI. Are ND laws like this too ?

 

[svnmag]

Actual Physical Control.--yes. If you're going to get busted, ND is probably the "best" place.

 

[DJE]

Had a buddy that got one while doing the same thing keys weren't even in the ignition. This was about 5 yrs ago don't know if it's still like that.

 

[dean nelson]

You can't have the keys on you when you do it. Best to put them in the trunk or as I've done hide them in the area. They can still get you for public intoxication but the cop would have to be a dick to do it. Once saw a guy on new years eve who knew he was to drunk to drive so he decided to walk the mile and a half back home and still got arrested. They stopped him for not crossing at a cross walk and no he didn't almost get hit or anything like that.

 

[Davy Crockett]

They arrested him ? Holey crap , I would have given the guy a ride home and thanked him for being level headed enough not to drive.

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What Is actual Physical control, a Lesser charge than DUI ?

 

[Retired Educator]

It's hard to blame the police for enforcing the DUI laws with all the hype about drinking and driving deaths. Someone has to be the scapegoat. I have heard of some of them giving rides home.

there is a difference between DUI and APC. In most cases a first offense can be pleaded down to APC. That's a huge difference if you want to go to Canada. Canada considers a DUI a felony and you will most likely be denied entry with a DUI on your record. APC is a misdemeanor, or at least a lesser charge.

 

[AR-15]

Ya, a friend of mine got a DUI for sleeping in the back seat, a lot of these barney cops will do it to be the hero, I guess they get tired of polishing their bullets

 

[svnmag]

With the current lawsuit culture; a ride home places the officer at great risk: When "safe"; the intoxicated individual provides a "thank you" by self injury or injury of innocents and ensures the officer is responsible for the concurrent incident. Barney was correct. Andy had too much faith in humanity.

This is sad.

When the rubber hit the road; Andy had better confidence and situational awareness and gave credit to Barney.

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If you want a break; have your shi'ite together, comply and be respectful.

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The "break" is by zero means guaranteed and in this day and age likely won't happen on scene. If you get one; it by zero means makes you an expert in front of your friends at the next dinner party.

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https://www.youtube.com/watch?v=kGvM6e8Cfdw

 

[Kurtr]

If you have your keys in your pocket non sd you are considered to have physical control and that will get you a DUI. Went to Fairmont Minot while working up there 8 years ago me and buddy had a few so we were going to walk back to his house. Took some fast talk but cops were going to arrest bus bit we ended up having to call a cab for the last 8 blocks we were going to walk

 

[2090]

DUI and APC are the same statute in North Dakota. DUI does NOT get pleaded down to APC. If anything, it would get pleaded down to Reckless Driving.

 

[eyexer]

if you decide to sleep it on in the vehicle just make sure you hide your keys somewhere first.

 

[deleted member]

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.

 

[johnr]

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

Even broke dudes can swing that, or call a friend

 

[eyexer]

or just go all redneck and drive your lawn tractor to the bar

 

[Rowdie]

My brother was staying in Pierre SD and ended up in Ft Pierre across the river. He had hooked up but she needed to give some friends a ride home and said she'd be back. While waiting in his car, (It was running to stay warm) the cops tried to bust him. Told him they could arrest him for APC It was snowing and you could see the car hadn't moved. He explained he was waiting for a ride. Well, they waited but not long enough. They took him in for his own protection didn't charge him with anything. Next morning was bitter cold, and they had taken him to the Pierre jail. He walked all the way back, and when he got there there was a note on his door from the chick.

 

[Davy Crockett]

or just go all redneck and drive your lawn tractor to the bar

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.

 

[Ponyroper]

My beautiful 30 year old younger sister got killed by a drunk driver who jumped out of his car and ran off after hitting her so I have very little sympathy for people who drink and drive. That being said I think cops could take it into consideration when someone tries to do the right thing and sleeps it off in their vehicle. It's a tough call and I can see how that might be impossible in most situations so I would prefer that they err on the side of caution to keep impaired people of the road.

 

[Ericb]

I remember a few cops and city officials loosing their jobs by trying to sleep it off in the car. This was in AZ. Guess intent only applies to the hildabeast!

 

[Kurtr]

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

Even broke dudes can swing that, or call a friend

Most small towns have no cabs. But then most small town cops will just give a guy a ride home. I know the Mobridge pd are good guys like that.

 

[Bfishn]

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

Even broke dudes can swing that, or call a friend

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!