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State v. Higgins6/3/2004
and it doesn't allow testing in the field." In written testimony, the North Dakota Game and Fish Department said:
Currently we have a law that prohibits operating a boat or vessel while intoxicated or under the influence of drugs. (20.1-13-07(2)). Unfortunately the law does not define what intoxicated is, it does not allow for testing and it does not set penalties. Our Department's position is that the law as written cannot be properly enforced.
[ ] Construing N.D.C.C. § 20.1-13-07(2) in light of the plain, ordinary, and commonly understood meaning of "intoxicated" and in light of N.D.C.C. ch. 20.1-13.1 on the same subject, together with the legislative history of ch. 20.1-13.1, which reveals an evident purpose of creating an implied consent to chemical testing to facilitate prosecutions for boating while intoxicated in violation of N.D.C.C. § 20.1-13-07(2), we conclude that operating a motorboat or vessel while intoxicated through the consumption of alcoholic beverages violates N.D.C.C. § 20.1-13-07(2). We further conclude the trial court erred in dismissing the complaint on the ground that the statute does not specifically refer to alcoholic beverages.
V.
[ ] The order is reversed and the matter is remanded for further proceedings in accordance with this opinion.
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