ND DMV Alcohol and Drug Laws 2 — Questions and Answers
Question 1: Under North Dakota law, is it legal for a passenger to drink an open alcoholic beverage while riding in a moving vehicle?
- Yes, only the driver must remain sober
- Yes, if the passenger is over 21
- No, open containers are prohibited for all occupants (Correct answer)
- No, unless the vehicle has a partition like a limousine
Correct answer: No, open containers are prohibited for all occupants
North Dakota's open container law prohibits any person from possessing an open container of alcohol in the passenger area of a motor vehicle on a public road.
Question 2: How long is a driver's license typically suspended for a first-time refusal to take a chemical test in North Dakota?
- 30 days
- 91 days
- 180 days
- 1 year (Correct answer)
Correct answer: 1 year
A first-time refusal to submit to chemical testing results in a one-year license suspension in North Dakota.
Question 3: Which factor does NOT affect how quickly a person's BAC rises after consuming alcohol?
- Body weight
- Amount of food in the stomach
- The color of the alcoholic beverage (Correct answer)
- Rate of alcohol consumption
Correct answer: The color of the alcoholic beverage
The color of an alcoholic beverage has no effect on BAC; factors like body weight, food intake, and drinking rate all influence how alcohol is absorbed.
Question 4: What is the term for North Dakota's law that presumes a driver is impaired when their BAC reaches or exceeds 0.08%?
- Absolute sobriety standard
- Per se law (Correct answer)
- Presumed impairment statute
- Administrative rule
Correct answer: Per se law
A 'per se' law means that reaching or exceeding the legal BAC limit (0.08%) is itself the offense, regardless of observed impairment.
Question 5: Which of the following is true about coffee or food as a method to sober up before driving?
- Coffee speeds up alcohol metabolism significantly
- Food eaten after drinking absorbs remaining alcohol
- Only time reduces BAC — coffee and food do not lower it (Correct answer)
- Cold water lowers BAC faster than warm beverages
Correct answer: Only time reduces BAC — coffee and food do not lower it
Only time allows the body to metabolize alcohol; coffee, food, or water do not speed up the process or lower BAC.
Question 6: In North Dakota, what is an Ignition Interlock Device (IID) and when might it be required?
- A GPS tracker required after any traffic ticket
- A breath-test device installed in a vehicle required for some DUI offenders (Correct answer)
- A remote disabling switch used by police to stop fleeing vehicles
- An alarm system required after a stolen vehicle report
Correct answer: A breath-test device installed in a vehicle required for some DUI offenders
An IID is a breath-testing device connected to a vehicle's ignition that requires a passing breath test before the car will start, often required for DUI offenders.
Question 7: Which statement about prescription drugs and driving in North Dakota is accurate?
- Prescription drugs never cause impairment
- A valid prescription is a complete legal defense to a DUI charge
- A driver can be charged with DUI for driving impaired on a legally prescribed medication (Correct answer)
- Prescription drug DUI only applies to sleep aids
Correct answer: A driver can be charged with DUI for driving impaired on a legally prescribed medication
North Dakota law allows DUI charges for impairment caused by any substance, including legally prescribed medications, if the drug impairs the driver's ability to drive.
ND DMV Alcohol and Drug Laws 2
Under North Dakota law, is it legal for a passenger to drink an open alcoholic beverage while riding in a moving vehicle?