NDAC 37-10-01-01
Out-of-service order - Driving of commercial motor vehicle prohibited -
Cite as N.D. Admin. Code § 37-10-01-01
Alcohol-related offenses.
1.
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.