Law penalizes refusing police ID requests during suspected underage alcohol violations

Police may request a driver’s license or nondriver photo ID to check a person’s age. The rule applies in places licensed to serve alcohol. The officer must have specific, reasonable grounds to suspect the person is under 21 and is there for a purpose prohibited by section 5-02-06. Refusing the request is an infraction, a minor legal offense. The prosecutor must dismiss the charge if an accepted ID proves the person was at least 21 when the officer requested identification. The person must provide the ID before the refusal case reaches its final outcome to qualify for dismissal.

A person may file a sworn written complaint explaining an alcohol retailer’s alleged violation with the attorney general, city attorney, or state’s attorney. This process covers alleged violations of state alcohol law by licensed alcohol retailers. For a timely complaint, the city attorney or state’s attorney must schedule a hearing by the next regular local governing body meeting or forward the complaint to the attorney general. An attorney general hearing must take place in the local county courthouse at least ten days after the complaint and hearing notice are mailed to the retailer by registered mail. For a local governing body hearing, the complaint and hearing notice must be mailed to the retailer by registered mail at least five days before the hearing. Hearings must be recorded through stenographic notes or an electronic recording device. The 14-day filing period runs from the date of the alleged violation.