The majority of drivers in North Dakota have to adhere to a legal blood alcohol concentration limit of 0.08%. If they exceed this limit, which can be demonstrated by a blood test or a breath test, then they could be charged with driving under the influence. The court can presume that someone is impaired once they’ve reached this level of intoxication.
However, just because this is the legal limit for most people does not mean that it applies to everyone. North Dakota, like many other states, uses zero tolerance laws. These are focused on underage drivers, or those who are under 21 years old. They have a much lower legal limit of 0.02%.
Why is the limit lower?
The reason for this lower limit is simply that these drivers are under the age where they can legally drink in the first place. If they’ve been consuming alcohol, the court already knows that they have chosen to break the law. Any amount of alcohol that triggers the test demonstrates this violation, so they can get a DUI even if they haven’t had enough drinks to get up to 0.08%.
In many cases, this means that a young driver wouldn’t even have to consume a whole drink before they would be impaired enough to qualify for DUI charges. Say that someone mistakenly drinks half of an alcoholic mixed drink at a party without realizing what they’ve been given. If they then get in the car, they could be exposing themselves to the potential for DUI charges, even if they don’t feel drunk and they didn’t intend to drink in the first place.
Having a DUI on your record can have serious ramifications, so be sure you know what legal options you have when facing charges.