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Under 21 and Driving

N.D.C.C. § 39-20-04.1 — under 21, a test at two one-hundredths of one percent or more suspends the license

For a person under twenty-one, the license suspension that follows a test result applies at an alcohol concentration of at least two one-hundredths of one percent, not the adult level.

  • N.D.C.C. § 39-20-04.1
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  • The hearing on that suspension is limited to whether the officer had reasonable grounds, whether the person was tested properly, and the result.
  • When someone under eighteen is taken into custody for impaired driving, the officer attempts to reach a parent or guardian, and mails a notice of the test or the refusal within ten days.
  • Contacting a parent does not delay the testing.
  • N.D.C.C. § 39-20-05
  • N.D.C.C. § 39-20-01
Sources for this section (3)
  1. N.D.C.C. § 39-20-04.1 — Administrative sanction for driving or being in physical control of a vehicle while having certain alcohol concentration
  2. N.D.C.C. § 39-20-05 — Administrative hearing on request - Election to participate in the twenty-four seven sobriety program
  3. N.D.C.C. § 39-20-01 — Implied consent to determine alcohol concentration and presence of drugs

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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