Section 37-10-01-01 - Out-of-service order - Driving of commercial motor vehicle prohibited - Alcohol-related offenses1. Prohibited alcohol offenses for commercial motor vehicle drivers. Notwithstanding any other provision of law, a person may not drive, operate, or be in actual physical control of a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol in the person's system. 2. In addition to any other sanctions that may be imposed under law a person who drives, operates, or is in actual physical control of a commercial motor vehicle within this state must be placed out of service for twenty-four hours if the person: a. Has any measurable or detectable amount of alcohol in the person's system; b. Has a blood-alcohol concentration of at least four one-hundredths of one percent by weight; or c. Refuses to submit to an alcohol test under North Dakota Century Code section 39-06.2-10. 3. The out-of-service order must show the halting officer's reason for stopping or detaining the commercial motor vehicle driver and must show that the halting officer had reasonable grounds to believe the person was driving or in actual physical control of a commercial motor vehicle, that the person was lawfully detained, and that the person: a. Had any measurable or detectable amount of alcohol in the person's system; b. Had a blood-alcohol concentration of at least four one-hundredths of one percent by weight; or c. Refused to submit to an alcohol test under North Dakota Century Code section 39-06.2-10. Any out-of-service order must be issued prior to the end of the detention of the driver. The law enforcement officer shall sign and note the time and date of the issuance on the out-of-service order.
4. The out-of-service order prohibits the person named in the order from driving a commercial motor vehicle for a period of twenty-four hours from the time of the issuance of such order. The driving of a commercial motor vehicle while subject to an out-of-service order is a violation of North Dakota Century Code section 39-06-42. N.D. Admin Code 37-10-01-01
Effective October 1, 1993; amended effective January 1, 2006.General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9