No person shall be in actual physical control of a cehicle 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 any of the following apply:
a. The defendant had 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.
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.]
A person is "in actual physical control" of a motor vehicle when a 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: 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."