North Dakota

Implied Consent Laws

Drugs

39-20-01 - Learn More
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 this state is deemed to have given consent, and shall consent, subject to the provisions of this chapter, to a chemical test, or tests, of the blood, breath, oral fluid, or urine for the purpose of determining the alcohol concentration or presence of other drugs, or combination
thereof, in the individual's blood, breath, oral fluid, or urine. As used in this chapter, the word "drug" means any drug or substance or combination of drugs or substances which renders an individual incapable of safely driving, and the words "chemical test" or "chemical analysis" mean any test to determine the alcohol concentration or presence of other drugs, or combination thereof, in the individual's blood, breath, or urine, approved by the director of the state crime laboratory or the director's designee under this chapter.

Blood

Yes

Urine

Yes

Oral Fluids

Yes

Other

Yes
Breath

DUI Statutes

Drugs

39-08-01 - Learn More
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:
a. That person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle.
b. That person is under the influence of intoxicating liquor.
c. That 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.
d. That person is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely driving.

Combined/Multiple Substance

39-08-01 - Learn More
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:
a. That person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle.
b. That person is under the influence of intoxicating liquor.
c. That 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.
d. That person is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely driving.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

39-20-04 - Learn More
Revocation for 180 days to 3 years depending on circumstances.
If a person refuses to submit to testing under section 39-20-01 or 39-20-14, none may be given, but the law enforcement officer shall immediately take possession of the person's operator's license if it is then available and shall immediately issue to that person a temporary operator's permit, if the person then has valid operating privileges, extending driving privileges for the next twenty-five days or until earlier terminated by a decision of a hearing officer under section 39-20-05. The law enforcement officer shall sign and note the date on the temporary operator's permit. The temporary operator's permit serves as the director's official notification to the person of the director's intent to revoke driving privileges in this state and of the hearing procedures under this chapter.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes
If driver was properly noticed by law enforcement at the time of refusal.

Criminal Trial

Yes
If driver was properly noticed by law enforcement at the time of refusal.

ALR Laws

Cannabis

Yes

Length/Time of Restriction

 180 days for first offense, two years for second offense within seven years.

Hardship License Available

Yes
A TRL (temporary restricted license) will NOT be granted for:
Anyone under the age of 18.
Operating Commercial motor vehicles.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

Unlikely
Not mentioned in sentencing statute.

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

None

Cannabis Per Se Statute

None

Threshold

NA

Nanogram Limit

NA

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

39-08-01 - Learn More
Addiction evaluations are court ordered for all DUI offenses.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

39-08-01 - Learn More
A person convicted of violating this section, or an equivalent ordinance, must be sentenced in accordance with this subsection.
a. (1) For a first offense, the sentence must include both a fine of at least five hundred dollars and an order for addiction evaluation by an appropriate licensed addiction treatment program. (2) In addition, for a first offense when the convicted person has an alcohol concentration of at least sixteen one-hundredths of one percent by weight, the offense is an aggravated first offense and the sentence must include a fine of at least seven hundred fifty dollars and at least two days' imprisonment.
b. For a second offense within seven years, the sentence must include at least ten days' imprisonment, of which forty-eight hours must be served consecutively; a fine of one thousand five hundred dollars; an order for addiction evaluation by an appropriate licensed addiction treatment program; and at least three hundred sixty days' participation in the twenty-four seven sobriety program under chapter 54-12 as a mandatory condition of probation.
c. For a third offense within seven years, the sentence must include at least one hundred twenty days' imprisonment; a fine of at least two thousand dollars; an order for addiction evaluation by an appropriate licensed addiction treatment program; at least three hundred sixty days' supervised probation; and at least three hundred sixty days' participation in the twenty-four seven sobriety program under chapter 54-12 as a mandatory condition of probation.
d. For a fourth or subsequent offense within fifteen years, the sentence must include at least one year and one day's imprisonment; a fine of at least two thousand dollars; an order for addiction evaluation by an appropriate licensed treatment program; at least two years' supervised probation; and participation in the twenty-four seven sobriety program under chapter 54-12 as a mandatory condition of probation.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

39-08-01 - Learn More
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:
a. That person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle.
b. That person is under the influence of intoxicating liquor.
c. That 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.
d. That person is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely driving.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

A person convicted of violating this section, or an equivalent ordinance, must be
sentenced in accordance with this subsection.
a. (1) For a first offense, the sentence must include both a fine of at least five hundred dollars and an order for addiction evaluation by an appropriate licensed addiction treatment program. (2) In addition, for a first offense when the convicted person has an alcohol concentration of at least sixteen one-hundredths of one percent by weight, the offense is an aggravated first offense and the sentence must include a fine of at least seven hundred fifty dollars and at least two days'
imprisonment.
b. For a second offense within seven years, the sentence must include at least ten days' imprisonment, of which forty-eight hours must be served consecutively; a
fine of one thousand five hundred dollars; an order for addiction evaluation by an appropriate licensed addiction treatment program; and at least three hundred
sixty days' participation in the twenty-four seven sobriety program under chapter 54-12 as a mandatory condition of probation.
c. For a third offense within seven years, the sentence must include at least one hundred twenty days' imprisonment; a fine of at least two thousand dollars; an
order for addiction evaluation by an appropriate licensed addiction treatment program; at least three hundred sixty days' supervised probation; and at least three hundred sixty days' participation in the twenty-four seven sobriety program under chapter 54-12 as a mandatory condition of probation.
d. For a fourth or subsequent offense within fifteen years, the sentence must include at least one year and one day's imprisonment; a fine of at least two thousand dollars; an order for addiction evaluation by an appropriate licensed treatment program; at least two years' supervised probation; and participation in the twenty-four seven sobriety program under chapter 54-12 as a mandatory condition of probation.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

39-08-01.4 - Learn More
It is a class A misdemeanor for an individual who is at least twenty-one years of age to violate section 39-08-01 if the violation occurred while a minor was accompanying the individual in a motor vehicle. If an individual has a previous conviction for a violation of section 39-08-01.4, a violation of this section is a class C felony. Penalty for a DUI with a minor in the vehicle is up to one year imprisonment and/or a $2,000 fine.

Statutes with THC Listed as Delta 8, 9, 10, or 11

19-03.1-05 - Learn More
Tetrahydrocannabinols are referenced here and throughout Ch. 19-03.1.

Electronic Warrant Program

Statewide

Yes – available but at the discretion of each judicial district whether to use program

By Locality

Yes – available but at the discretion of each judicial district whether to use program

Law Enforcement Phlebotomy Program

None

Oral Fluid

For Drug Detection

No

Roadside - Not Evidential

Started a pilot project in January 2022

Evidential

Law provides for it but the lab is not equipped for oral fluid at this time
Oral fluid is mentioned in some sections of the implied consent chapter but not others.

Roadside and Evidential

See above

Minimum Legal Age for Cannabis Consumption

19
Medical consumption only

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Yes. Minor applicants must have a designated caregiver.
• The parent or legal guardian can be the designated caregiver.
• Somebody other than the parent or legal guardian can be the designated caregiver.
• A designated caregiver must submit a separate application specific to designated caregivers in order to receive a registry ID card and be able to purchase, assist in the use of, or possess products under the Medical Marijuana Program on behalf of a registered patient.• As part of the application, an applicant's parent or legal guardian must sign a medical release of information. This is required by state law for the program to certify the applicant as a Medical Marijuana Program participant.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Any sale by a compassion center to a minor is a class B felony which carries a maximum penalty of 10 years’ imprisonment, a $20,000 fine, or both.

Other

No Data Available