Imagine you’re out in the crisp North Dakota air, enjoying a day of hunting with your buddies. The temptation to crack open a cold one or warm up with what you brought in your flask might be strong, whether you are waiting or celebrating.
However, before you open anything, it’s crucial to understand the laws surrounding drinking and hunting in our state. While hunting and drinking are both popular activities on their own, combining them can lead to serious consequences. Knowing the rules can make the difference between a great hunting story and a night in jail.
The laws on drinking while hunting in North Dakota
In North Dakota, it is illegal to hunt while under the influence of alcohol or drugs. According to the North Dakota Game and Fish Department, hunters must not be intoxicated when afield with firearms or a bow and arrow. This law applies to all types of hunting, including deer, waterfowl and upland game. Breaking this law can lead to the loss of hunting licenses and criminal penalties.
The law states that anyone with a blood alcohol concentration (BAC) of 0.08% or higher is legally impaired. This applies whether you’re on foot or in a vehicle. Further, you can be arrested for hunting under the influence, even if you’re not at the legal BAC limit if your abilities are noticeably impaired.
Hunters should also be aware that under state law, anyone carrying a gun, firearm, or bow and arrow gives implied consent to undergo a chemical test of their blood, breath or urine to check for alcohol or drugs. Refusing a test can lead to suspended or revoked hunting privileges.
Related offenses and consequences
Drinking while hunting can lead to other offenses. For instance, underage drinking is a concern in North Dakota. If you’re under 21, it’s illegal to consume alcohol at all, whether hunting or not.
Additionally, if you drive after drinking, you can face DUI charges. The DUI laws in North Dakota are strict.
Here are some key DUI penalties to be aware of:
- First offense: Up to $500 fine if your BAC is less than 0.16% or $750 if it’s 0.16% or higher. You may also face jail time and a 91-day license suspension.
- Second offense: Up to $1,500 fine, 10 days in jail, and a one-year license suspension.
- Third offense: Up to $2,000 fine, 120 days in jail, and a two-year license suspension.
To avoid these, make sure you have a designated driver if you plan to drink.
Understanding these related offenses helps in planning a safe and lawful hunting experience. It’s crucial to consider the implications of alcohol consumption not only during the hunt but also when traveling back home.
Be informed and stay safe
In North Dakota, hunting and drinking laws are in place to ensure everyone’s safety. By knowing and following these laws, you can enjoy hunting without legal concerns. If you find yourself facing charges related to drinking and hunting, it’s essential to seek legal help. Contact a law firm specializing in these cases to get the guidance you need.