No person shall be in actual physical control of a vehicle upon a highway [street] [or on public or private areas to which the public has a right of access for vehicular use] in this state if:
a. The person has an alcohol concentration of at least ten one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after being in actual physical control of the vehicle; or,
b. The person is under the influence of intoxicating liquor.
[c. The person is under the influence of any drug or substance or combination of drugs or substances to a degree which renders that person incapable of safely driving.] [d. The person is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely driving.]
A person is "in actual physical control" of a vehicle when the vehicle is operable and a person is in a position to manipulate one or more of the controls of the vehicle that cause it to move or affects its movement in some manner or direction. Whether the Defendant was in actual physical control is a question of fact for you to decide.
NOTE: A 1993 amendment to NDCC 39-08-01 removed the word "blood" from the phrase "blood alcohol concentration."
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