Alcohol, BAC and implied consent

Key points

1. In North Dakota nearly half of traffic deaths involve drivers who had been drinking.

   Source: Handbook p. 35

   “In North Dakota, nearly half of the traffic deaths involve drivers who have been drinking prior to the crash.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 35

2. Drinking even a little makes a crash seven times more likely.

   Source: Handbook p. 35

   “if you drink-even just a little- your chances of a crash are seven times greater than if you were completely sober.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 35

3. A 12 ounce beer, a 4 ounce glass of wine and a 1 ounce whiskey have about the same alcohol.

   Source: Handbook p. 35

   “the alcohol content is about the same whether it’s a 12-ounce can of beer, a 4-ounce glass of wine, or a 1-ounce glass of scotch or whiskey.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 35

4. Only time removes alcohol; coffee, cold showers or exercise will not.

   Source: Handbook p. 35

   “Time is the only way to eliminate alcohol from the blood stream. This process is relatively slow and will not be quickened by drinking coffee, taking cold showers, or exercising.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 35

5. You are under the influence at .08% or more, or .02% if under 21.

   Source: Handbook p. 36

   “If a chemical test reveals that you have eight one-hundredths of one percent (.08%) or greater of alcohol in your blood, or .02% if under the age of 21, you are considered legally to be under the influence of alcohol.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 36

6. By getting a license you consent to a chemical test; refusing brings a revocation of 180 days to three years.

   Source: Handbook p. 36

   “Upon receiving your license to operate a motor vehicle in North Dakota, you have given your consent to a chemical test to determine the level of alcohol and/or drug content in your blood, breath, urine, or saliva. If you refuse to take the test, your license will be revoked for 180 days to three years.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 36

7. Open containers are illegal in the vehicle and must go in the trunk.

   Source: Handbook p. 37

   “You cannot legally have an open container in your vehicle. The seal cannot be broken. Any open containers must be placed in the trunk of the vehicle.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 37

8. People under 21 may not buy, drink or possess alcohol.

   Source: Handbook p. 37

   “Persons under 21 years of age are prohibited from purchasing, consuming, or possessing alcoholic beverages.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 37

9. Refusing a test or a DUI conviction requires SR 22 proof of financial responsibility.

   Source: Handbook p. 37

   “If you refuse to take an AC test, or if convicted of a DUI, the law requires you to show proof of financial responsibility (SR 22 insurance coverage).”
   North Dakota Noncommercial Driver License Manual, Handbook p. 37

Numbers to know

3 questions from the North Dakota practice test

1. 1. For a driver who is 21 or older, what alcohol concentration makes the driver legally under the influence?

   1. 0.05 percent or greater
   2. 0.02 percent or greater
   3. 0.08 percent or greater
   4. 0.16 percent only
   Show answer

   0.08 percent or greater. For drivers at least 21, the manual uses 0.08 percent or greater as the alcohol concentration threshold for being legally under the influence. The 0.02 percent figure applies to a driver under 21, so using it for an adult changes the age condition. The 0.05 choice is not the stated threshold, and 0.16 is tied to a separate penalty level. Keep the age qualifier attached to the number when recalling this rule.

2. 2. What is the lowest BAC threshold for North Dakota's under-21 alcohol driving rule?

   1. 0.05 percent
   2. 0.02 percent
   3. 0.08 percent
   4. 0.10 percent
   Show answer

   0.02 percent. North Dakota uses a lower alcohol concentration threshold for drivers under 21: .02 percent. The .08 percent figure applies to the general adult threshold, so choosing it overlooks the special age based rule. The .05 and .10 options do not match either figure stated in the manual. On a knowledge test, pair the age condition with .02 percent and keep .08 percent associated with the standard adult threshold.

3. 3. What revocation range follows refusal of an alcohol concentration test or roadside preliminary breath test in North Dakota?

   1. 180 days to three years
   2. 30 days to 90 days
   3. One year only
   4. Five years to life
   Show answer

   180 days to three years. Refusing either listed test leads to a license revocation ranging from 180 days to three years. The manual treats refusal of an alcohol concentration test and refusal of a roadside preliminary breath test alike for this stated range. A one year only result is too rigid, and the shorter range does not reflect the rule. The memory cue is the paired testing options followed by the same 180 day to three year consequence.

Source: the North Dakota Noncommercial Driver License Manual, Drinking, Drugs, and Driving. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.