• 2004 - Under the Influence of Intoxicant (Driver of Motor Vehicle)
  • C-3.05
    • Alcoholic Beverages
    • Driving Under Influence Of Intoxicant
    • Exemplary Damages
    • Motor Vehicles
    • Tort Liability
  • The phrase "under the influence of” [a narcotic drug] [intoxicating liquor] [and] [a controlled substance] is a flexible term. The mere fact that the driver of a motor vehicle may have consumed [a narcotic drug] [intoxicating liquor] [and] [a controlled substance] does not necessarily render the driver "under the influence of" that substance. The circumstances and effect must be considered. On the other hand, the driver of a motor vehicle need not be intoxicated or in a state of drunkenness to be "under the influence of" the substance. This expression covers not only all of the well known and easily recognized conditions and degrees of intoxication, but also any abnormal mental or physical condition that is the result of indulging to any degree in [a narcotic drug] [intoxicating liquor] [and] [a controlled substance] and which tends to deprive a driver of that clearness of intellect or self-control that would otherwise be present. Accordingly, if an intoxicating substance has affected the nervous system, brain, or muscles of a driver of a motor vehicle to a degree that renders the person incapable of safe driving, the term "under the influence of" the substance applies. Whether a person was "under the influence of" an intoxicating substance is a question of fact for you to determine. * * * * *
    • 19-03.1-01
    • 39-01-01
    • 39-08-01
    • 19-03.1-01
    • 39-01-01
    • 39-08-01
    • Jore v. Saturday Night Club, Inc., 227 NW2d 889 (ND 1975)
    • State v. Glass, 151 NW 229 (ND 1915)
    • State v. Glavkee, 138 NW2d 663 (ND 1965)
    • State v. Hanson, 73 NW2d 135 (ND 1955)
  • Notes: