A person may not drive a vehicle on a highway [street] [or on public or private areas to which the public has a right of access for vehicular use], if any of the following apply:
a. The defendant 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 the driving.
b. The defendant was under the influence of intoxicating liquor.
[c. The defendant was 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 defendant was under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely driving.]
NOTE: Subparts [c] and [d] are to be used if pertinent to the charge.
A 1993 amendment to NDCC 39-08-01 removed the word "blood" from the phrase "blood alcohol concentration."