The "per se" alcohol concentration in North Dakota is 0.08 percent. For drivers operating a commercial vehicle, the alcohol concentration is 0.04 percent, and for operators under 21 years of age, the alcohol concentration is 0.02 percent. Even if someone is operating a vehicle with lower alcohol concentrations than those listed, that person may be charged with DUI if they are under the influence of alcohol and/or drugs to a degree which renders them incapable of safely driving. (Reference NDCC 39-08-01.)
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