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.

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

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