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1998 North Dakota Attorney General Reports and Opinions 1 (1998)

handle is hein.sag/sagnd0034 and id is 1 raw text is: STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-01 Date issued: Requested by: January 8, 1998 Dwight F. Kalash, Grand Forks City Prosecutor - QUESTIONS PRESENTED - I. Whether an on-site alcohol screening device may be used to enforce the zero tolerance law established in House Bill 1111 by the 1997 Legislative Assembly. II. Whether the zero tolerance law established in House Bill 1111 creates a criminal per se violation of the driving under the influence laws when an operator of a motor vehicle is under the age of 21 years and has an alcohol concentration of at least .02 percent but less than .10 percent. - ATTORNEY GENERAL'S OPINIONS - I. It is my opinion that an on-site alcohol screening device may be used to enforce the zero tolerance law established in House Bill 1111 but that the use of such device will be subject to the requirements of N.D.C.C. § 39-20-14. II. It is my further opinion that the zero tolerance law established in House Bill 1111 by the 1997 Legislative Assembly does not create a criminal per se violation of driving under the influence laws when an operator of a motor vehicle is under the age of 21 years and has an alcohol concentration of at least .02 percent but less than .10 percent. - ANALYSES - I. The 1997 Legislative Assembly amended several provisions of North Dakota Century Code Title 39 to establish procedures to permit administrative action against the driving privileges of a person under the age of 21 years who operates a motor vehicle with a blood alcohol content of at least .02 percent. These statutory provisions,

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