North Dakota’s Underage DUI Laws

How North Dakota’s drunk driving laws apply to drivers who are under 21 years old and the consequences of an underage DUI.

Under North Dakota law, it's illegal for drivers who are younger than the legal drinking age (21 years old) to operate a vehicle with a blood alcohol concentration (BAC) of .02% or more. Here are the consequences a driver faces if convicted of an underage DUI (operating under the influence) offense.

Underage DUI Penalties

An underage DUI violation isn't considered a criminal offense. But drivers who are younger than 21 years old and are caught operating a vehicle with a BAC of .02% or more generally face a 91-days license suspension.

All drivers, including drivers under the age of 21, a subject to the state's implied consent law. Under this law, drivers who are lawfully stopped for driving under the influence must submit to alcohol testing at the request of an officer. An unlawful refusal to test will result in a license suspension of 180 days for a first offense, two years for a second offense, and three years for a third offense within seven years. For purposes of implied consent suspensions, generally all prior DUI-related suspensions are counts as prior offenses.

When Underage Drivers Face Standard DUI Penalties

Underage drivers who are caught operating a vehicle with a BAC of .08% or more or while under the influence of (impaired by) drugs or alcohol face the standard DUI penalties. Depending on the circumstances, someone convicted of a standard DUI could be looking at fines, jail time, and license suspension.

Talk to an Attorney

Regardless of the charge, it's always best to talk to an experienced DUI attorney if you've been cited for driving under the influence. A qualified lawyer can tell you how the law applies to your situation and help you decide on the best course of action.

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