Under 21 and charged with DUI?
The limit is .02, not .08.
For drivers under 21, North Dakota has zero tolerance: a BAC of .02 — roughly one drink — can trigger a license suspension, and at .08 or with impairment it’s the same criminal DUI an adult would face. A conviction at 19 follows you into every job application for years. It’s worth fighting.
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Your license is on a separate clock. You have 10 days from the date on your Report and Notice to request a DOT hearing, or the suspension takes effect automatically. How the DOT hearing works →
Two thresholds for drivers under 21
- .02 to under .08: the zero-tolerance provision. This is primarily a license consequence handled through the DOT — a suspension even though the criminal DUI threshold wasn’t met.
- .08 or higher, or impaired at any level: a full criminal DUI with the same mandatory penalties as any adult, plus any related charges like minor in possession.
Either way, the 10-day deadline to request a DOT hearing applies.
Why a DUI at 19 is different
The legal penalties are the same as an adult’s, but the collateral consequences hit harder: college disciplinary proceedings, loss of scholarships, ineligibility for certain programs (nursing, education, law enforcement, CDL careers), and a record that appears on background checks right when you’re applying for your first real jobs. Insurance for a young driver with a DUI can be several thousand dollars a year.
How we approach under-21 cases
The defenses are the standard DUI defenses — the stop, the field tests, the machine, the advisory — with special attention to a few things that come up constantly in young-driver cases:
- The basis for the stop. Many under-21 arrests begin with a stop for something minor (a light out, a party call, a “welfare check”) that doesn’t hold up.
- Very low BAC readings. At .02–.04, machine margin of error and mouth-alcohol contamination are real issues.
- Outcomes that protect the record. Where possible we pursue resolutions that avoid a DUI conviction entirely and preserve future options.
For parents
If you’re reading this on behalf of your son or daughter: the most useful things you can do tonight are to keep the Report and Notice paperwork, make sure they don’t discuss the case with anyone (including online), and call us. The consultation is free and we’ll explain what’s realistic.
Talk to a North Dakota DUI lawyer now. It’s free.
☎ 701-365-8088Common questions
My son blew .03. Is that a DUI?
Under .08 without evidence of impairment, it’s generally a zero-tolerance license matter rather than a criminal DUI — but the license consequence is real and the 10-day hearing deadline applies. Bring us the paperwork.
Will this affect college or financial aid?
It can. Many schools have conduct codes that reach off-campus arrests, and some scholarships have conditions. We’ll help you understand the exposure and, where possible, structure an outcome that limits it.
Can the record be sealed later?
North Dakota law (N.D.C.C. § 39-08-01.6) allows a DUI conviction to be sealed after seven years if the conditions are met. Seven years is a long time to carry it through job applications, though — the best protection is avoiding the conviction in the first place.
Charged with DUI in North Dakota? Call now.
701-365-8088Free consultation · 24 hours a day, 7 days a week
West Fargo | Bismarck
Attorney advertising. Prior results do not guarantee a similar outcome. Penalty figures reflect North Dakota mandatory minimums published by the NDDOT and are subject to change; courts can impose more. This page is general information, not legal advice for your situation, and contacting us does not create an attorney–client relationship until we agree to represent you.