26.11.430 Zero Alcohol Tolerance

(a) It shall be unlawful for any person under the age of twenty-one (21) years to possess or consume any alcohol beverage in the Turtle Mountain jurisdiction. Any person under the age of twenty-one (21) years shall be deemed guilty of a violation of this provision if that person shall have an alcohol concentration above .00 or one percent by weight at the time of performance of a chemical test.

(1) It shall be a defense to subsection (a) above, if the minor's possession or use of alcohol is related to a cultural or religious practice, including, without limitation, the use or possession of alcohol during any religious or cultural ceremony.

(b) A person who violates subsection (a) above is guilty of a Class [1] one offense, upon conviction or adjudication of guilt.

(c) A person who commits a second or subsequent violation of subsection (a) above shall be subject to the penalties prescribed in subsection (b) above and shall be court ordered to undergo an assessment of alcohol and drug evaluation and follow through with any or all recommendations.

(1) Failure to complete the court-ordered treatment shall result in doubling of the fines and community service, and may order incarceration for a period of time not to exceed a Class [1] one jail sentence.