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Operation of a Motor Vehicle (Impaired Driver)
2004- Tort Liability
C - 3.03
A person may not [drive] [or] [be in actual physical control of] any vehicle [upon a highway] [or] [upon private or public areas to which the public has a right of access for vehicular use] if that person:

[has an alcohol concentration of at least eight hundredths of one percent (.08%) by weight at the time of the performance of a chemical test within two (2) hours after driving or being in actual physical control of the vehicle.]

[is under the influence of intoxicating liquor.]

[is under the influence of any drug or substance or combination of drugs or substances to a degree which renders the person incapable of driving safely.]

[is under the combined influence of alcohol and any other drugs or substances to a degree which renders the person incapable of driving safely.]

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NDCC 39-08-01, 39-10-01