5.12.030 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 (1%) by weight at the time of performance of a chemical test.

(1) It shall be a defense to Section 1 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 (1) above is guilty of a misdemeanor, and upon conviction or adjudication of guilt, shall be punished by a fine not to exceed two hundred dollars ($200) and not less than twenty (20) hours nor more than forty (40) hours of community service work, or a combination of fine and community service work as determined by the court.

(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 other drug problems.

(1) The court shall order appropriate supervised treatment or education services in accordance with the clinical alcohol and other drug abuse assessment.

(2) 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 thirty (30) days, or any combination thereof, as determined by the court.