In North Dakota, it is illegal for drivers to exceed the legal blood alcohol concentration limit. If they do and they fail a breath test, it can be used as evidence against them in a DUI case. The court can then presume that the driver was impaired by the alcohol they consumed, just based on that BAC level.
Most drivers will tell you that the legal limit is 0.08%. That is true in the majority of cases. But it may not be the real legal limit for some drivers, as there are certain categories of drivers who have lower legal limits. It is important for them to know what standard they have to adhere to.
CMV drivers
For those who drive commercial motor vehicles, such as semi-truck drivers or bus drivers, the legal limit has been cut in half. They would fail a breath test at just 0.04%, so it is very important for them to carefully monitor their alcohol intake.
Drivers under 21
For those who are under 21 years old, the limit is halved again to 0.02%. Someone could reach this limit even if they did not finish their entire drink. But for someone who is under 21, having any alcohol at all is illegal. So they are essentially not allowed to drive if they have consumed even a very small amount.
Legal defense options
For drivers in all three categories, DUI arrests are possible and could result in license suspension, financial fines, incarceration and other such penalties. It is crucial that they understand all of the legal defense options at their disposal when facing these serious charges.