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§ 23-1.10-16 - Limits on application of laws punishing intoxication.

SECTION 23-1.10-16

   § 23-1.10-16  Limits on application of lawspunishing intoxication. – (a) Neither the state, municipality, nor other political subdivision of thestate or municipality may adopt or enforce a law, ordinance, resolution, orrule having the force of law that includes drinking, being a common drunkard,or being found in an intoxicated condition as one of the elements of theoffense giving rise to a criminal or civil penalty or sanction.

   (b) Neither the state, municipality, nor other politicalsubdivision of the state or municipality shall interpret or apply any law ofgeneral application to circumvent the provision of subsection (a).

   (c) Nothing in this chapter affects any law, ordinance,resolution, or rule against drunken driving, driving under the influence ofalcohol, or other similar offense involving the operation of a vehicle,aircraft, boat, machinery, or other equipment, or regarding the sale, purchase,dispensing, possessing, or use of alcoholic beverages at stated time and placesor by a particular class of persons.

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