No person may be afield at any time, with a gun or other firearm or a bow and arrow, while intoxicated or under the influence of alcoholic beverages or drugs. Upon conviction of a person for violating this section, that person’s hunting license is void. The judge of the convicting court shall take the license, mark it revoked, and send it to the department. If the conviction is reversed on appeal, the license must be restored to the defendant. Game wardens, including special wardens, have the authority of a general peace officer in the enforcement of this section.

Terms Used In North Dakota Code 20.1-01-06

  • Afield: means being away from one's home or camp. See North Dakota Code 20.1-01-02
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the game and fish department. See North Dakota Code 20.1-01-02
  • hunting: means shooting, shooting at, pursuing, taking, attempting to take, or killing any game animals and game birds; searching for or attempting to locate or flush any game animals and game birds; luring, calling, or attempting to attract game animals and game birds; hiding for the purpose of taking or attempting to take game animals and game birds; and walking, crawling, or advancing toward wildlife while possessing implements or equipment useful in the taking of game animals or game birds. See North Dakota Code 20.1-01-02
  • Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

In addition to the penalty provided in this chapter, any person convicted of committing a subsequent offense under this section is ineligible for a hunting license in this state for two years from and after the conviction.