5-01-05.1. Public intoxication - Assistance - Medical care.
207 words·~1 min read·
/nd/title-05/chapter-5-01-general-provisions/5-01-05-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. As used in this section "intoxicated" means a state in which an individual is under the
influence of alcoholic beverages, drugs, or controlled substances, or a combination of
alcoholic beverages, drugs, and controlled substances.
2. A peace officer may take any apparently intoxicated individual to the individual's home,
to a local hospital, to a detoxification center, or, whenever that individual constitutes a
danger to that individual or others, to a jail. A tier 1b mental health professional, as
defined under section 25-01-01, of a local hospital may hold that individual for
treatment up to seventy-two hours.
3. An intoxicated individual may not be held in jail because of intoxication more than
twenty-four hours. An intoxicated individual may not be placed in a jail unless a jailer is
constantly monitoring the individual and medical services are provided if the need is
indicated.
4. Upon placing that individual in jail, or if the individual is admitted to a hospital or
detoxification center, upon admission, the peace officer shall make a reasonable effort
to notify the intoxicated individual's family as soon as possible.
5. Any additional costs incurred by the city, county, ambulance service, or medical
service provider on account of an intoxicated individual are recoverable from that
individual.