North Dakota  DUI Law

Driving Under the Influence:

There are 3 ways for a driver to commit this offense.

First, if a driver has a BAC of at least 0.08 (or 0.02 if the driver is under 21, or 0.04 if the driver is a commercial license holder) within 2 hours of driving, he or she is guilty of a DUI.

Second, if a driver is under the effects of liquor, that driver is guilty of a DUI.

Third, if a driver is under the effects of some other substance which either by itself or in combination with alcohol makes him or her unable to drive safely, they are guilty of a DUI unless their inability to drive safely was mostly caused by a legally prescribed drug that the driver used appropriately.

Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-08-01, 39-06.2-10.1

If a driver who is at least 21 years old commits a DUI with a minor in the vehicle, the driver is guilty of the DUI as well as a Class A misdemeanor for driving under the influence with a minor in the vehicle.

Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-08-01.4