North Dakota Code § 5-01-05.1

Public intoxication - Assistance - Medical care
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1. As used in this section "intoxicated" means a state in which an individual is under the 
influence of alcoholic beverages, drugs, or controlled substances, or a combination of 
alcoholic beverages, drugs, and controlled substances.
2. A peace officer may take any apparently intoxicated individual to the individual's home, 
to a local hospital, to a detoxification center, or, whenever that individual constitutes a 
danger to that individual or others, to a jail. A tier 1b mental health professional, as 
defined under section 25 -01-01, of a local hospital may hold that individual for 
treatment up to seventy-two hours. 

3. An intoxicated individual may not be held in jail because of intoxication more than 
twenty-four hours. An intoxicated individual may not be placed in a jail unless a jailer is 
constantly monitoring the individual and medical services are provided if the need is 
indicated. 
4. Upon placing that individual in jail, or if the individual is admitted to a hospital or 
detoxification center, upon admission, the peace officer shall make a reasonable effort 
to notify the intoxicated individual's family as soon as possible. 
5. Any additional costs incurred by the city, county, ambulance service, or medical 
service provider on account of an intoxicated individual are recoverable from that 
individual.

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