HB 1534 Summary

• Establishes that a person cannot drive or control a vehicle if they have an alcohol concentration of at least 0.08% by weight within two hours of driving, are under the influence of intoxicating liquor, drugs, or a combination thereof, or refuse to submit to chemical testing.

• Creates an affirmative defense allowing individuals to use prescribed or dispensed drugs as directed by a practitioner without facing DUI charges if the drug caused impairment.

• Requires law enforcement officers to inform individuals of the consequences of refusing chemical tests consistent with U.S. and North Dakota constitutions before the refusal can be used as evidence.

• Allows individuals to remedy a refusal to submit to an onsite screening test by subsequently submitting to a chemical test under the implied consent law for the same incident, protecting them from refusal charges.

• Declares Sections 1 and 2 to be emergency measures.