39-08-01.4. Driving while under the influence of alcohol or any other drugs or
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/nd/title-39/chapter-39-08-regulations-governing-operators/39-08-01-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
substances while being accompanied by a minor - Penalty.
1. It is a class A misdemeanor for an individual who is at least twenty-one years of age to
violate section 39-08-01 if the violation occurred while a minor was accompanying the
individual in a motor vehicle. If an individual has a previous conviction for a violation of
section 39-08-01.4, a violation of this section is a class C felony.
2. The minimum sentence for an individual convicted of violating this section must
include:
a. For a first offense, a fine of seven hundred fifty dollars, at least two days'
imprisonment, an order for a substance abuse evaluation by an appropriate
licensed addiction treatment program, at least three hundred sixty days of
unsupervised probation, and at least three hundred sixty days' participation in the
twenty-four seven sobriety program under chapter 54-12 as a mandatory
condition of probation.
b. For a second or subsequent offense within fifteen years, at least one year and
one day's imprisonment, a fine of two thousand dollars, an order for a substance
abuse evaluation by an appropriate licensed addiction treatment program, at least
two years' supervised probation, and at least three hundred sixty days'
participation in the twenty-four seven sobriety program under chapter 54-12 as a
mandatory condition of probation.