Going to happy hour with friends is a fun way to unwind after a long day at work. And for many people, that one hour extends to two and beyond.
There are probably plenty of times you’ve felt okay while at the bar, only to find yourself with a buzz as soon as you feel the outside air. This is a common scenario that leads some people to decide to get into a warm car and take a little nap to get rid of alcohol’s effects. You probably think it’s a better option than driving home drunk. Law enforcement looks at it differently.
Control of the vehicle
In North Dakota, you don’t have to actually be driving your vehicle to get a DUI. The law states that you can be charged if you are in physical control of the vehicle and have a BAC of .08%.
However, “physical control” has a broad interpretation. Here are some scenarios that could lead to an arrest:
- Your keys are in the ignition, in your hands or within easy reach
- You are parked on the side of the road, in a parking lot or in another public place
- You are sitting in the driver’s seat
If you are planning to sleep in your car to avoid a DUI, the following may mitigate your risk:
- Make sure your keys are out of reach, such as in the trunk of your car
- Move to the passenger seat or the back of your vehicle
- Park in a safe, private location
The stakes are high when it comes to North Dakota’s DUI laws. A first offense is a Class B misdemeanor and can result in:
- $500-$750 fine
- 2 days in jail
- 3 to 6-month license suspension
- Addiction evaluation
It’s better to have a game plan rather than run the risk of getting a DUI. Arrange for a designated driver or use a rideshare app in order to get home. Ensuring you have a way to get home before you even start drinking reduces the chance you end up facing criminal charges..