• 2005 - Exemplary Damages (Impaired Driver)
  • C-72.05
    • Damages
    • Driving Under Influence Of Intoxicant
    • Exemplary Damages
  • You may, at your discretion, award exemplary or punitive damages if you find by clear and convincing evidence that the accident was caused by the Defendant who, within the five years immediately preceding the accident, has been convicted for operating a motor vehicle under the influence of intoxicating liquor or any other drugs or substances and convicted of operating or being in physical control of a motor vehicle at the time of the accident: 1) with an alcohol concentration of at least ten one-hundredths of one percent by weight; 2) under the influence of a controlled substance unless the drug that predominantly caused impairment was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to the driver; 3) under the influence of alcohol and refused to take a test required under the implied consent laws; or 4) under the influence of [insert volatile chemical(s) listed in NDCC 19-03.1-22.1].
  • Notes: