Can a person be charged with a DUI if they are found to be in possession of an open container of alcohol?

In North Dakota, a person can be charged with a DUI if they are found to be in possession of an open container of alcohol. This is in accordance with the North Dakota Century Code (NDCC) section 39-08-01, which states that “no person may refuse to submit to a chemical test of the person’s breath, blood, or urine when requested by a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a vehicle while under the influence of intoxicating liquor.” Furthermore, NDCC section 39-08-18 outlines that it is illegal to be in possession of an open alcoholic beverage in public, or to consume an alcoholic beverage while in a motor vehicle, even if the vehicle is not in motion. Possession of an open container of alcohol is considered prima facie evidence of an intent to consume the beverage, which can be used as evidence in a DUI trial. In summary, it is illegal in North Dakota to be in possession of an open container of alcohol while driving or while in actual physical control of a motor vehicle. If a person is found in such a situation, they can be charged with a DUI and face significant fines and possible jail time depending on the severity of the offense.

Related FAQs

What is an "aggravated DUI" and what are the consequences?
What does an attorney do when handling a drunk driving accident case?
Are there any alternatives to a criminal DUI conviction?
How is a breathalyzer test administered?
How can a person protect themselves after being involved in a drunk driving accident?
What is the difference between a "DUI diversion program" and a "drunk driving education program"?
What is the difference between driving under the influence (DUI) and driving while intoxicated (DWI)?
What type of restitution is available in a drunk driving case?
What are the potential consequences for a person under 21 caught drinking and driving?
Are there any civil liability options available to victims of drunk driving accidents?

Can a person be charged with a DUI if they are found to be in possession of an open container of alcohol?

Related FAQs

Related Blog Posts