Find out if driving after two drinks counts as over the legal limit according to North Dakota DUI law.
Summary
- Many factors determine how many drinks it takes someone to be too drunk to drive.
- Even though you might assume it’s okay to drive after a couple of drinks, you could be more impaired than you think.
- If you rely on a personal breathalyzer to decide whether or not to drive, you need to know these devices are often wildly inaccurate.
- Police can arrest you for DUI even if a test shows you’re under the legal limit.
- There are several alternatives to drunk driving, such as a designated driver, a taxi or rideshare service, or a ride to a nearby hotel.
Oftentimes, when people go out drinking, they question how many drinks they can have before it’s still a good idea to drive home. The answer to this question of whether or not you can drive home after two alcoholic beverages isn’t cut and dry.
Each person’s body is different. Therefore, the amount of alcohol a person can safely consume before getting behind the wheel of a vehicle varies, depending on a few factors.
Some people believe that you shouldn’t get behind the wheel of a car if you’ve had anything to drink. And others believe it’s okay to have one or even two drinks before driving yourself (or others) home. Frankly, it’s much more complicated than this.
If you have been injured in a North Dakota drunk driving accident or you are facing a DUI charge for operating over the legal limit, it’s a good idea to have a capable attorney on your side. You can reach us at (701) 394-3697 or through a contact form to schedule a free consultation.
How Much Can I Drink Before It’s Illegal to Drive?
The amount of alcohol you can consume before it’s illegal to drive depends on many different factors, which we’ll go over in the next section. Without thinking about the number of drinks or your specific body weight and how other factors play into your ability to get drunk, it’s important to remember what the North Dakota laws are regarding drunk driving.
In North Dakota, it’s illegal to drive with a blood alcohol concentration (BAC) of over .08%. The more your blood alcohol concentration exceeds the legal limit, the higher the DUI fines and jail time are. F
or example, if you’re arrested with a BAC of .16% or over on your first DUI offense, you’ll incur a fine of $750 and two days of imprisonment. A BAC above .08% but less than .16% carries a fine of $500 and zero jail time.
Factors That Influence How Intoxicated You Are
As previously stated, alcohol affects everyone differently based on a variety of different factors. Those factors include:
How Quickly You Drink
If you drink two drinks quickly and then attempt to drive home, your BAC will be much higher than someone who has had two drinks over the course of a few hours. When someone drinks quickly, the liver is unable to keep pace. This means that more alcohol will circulate in the bloodstream until the liver is able to keep up.
Height and Weight
The taller you are and the more you weigh play heavily into how quickly you get drunk after consuming alcohol. A smaller person has much less blood, meaning their BAC will be higher after drinking less than someone who is taller or weighs more. Someone who weighs more has much more blood. And it will take more alcohol to increase their BAC.
Whether or Not You’re On Medication
There are some types of medication that, when mixed with alcohol, lead to a higher BAC. This includes most antidepressants, benzodiazepines, antihistamines, and many other classes of drugs. These drugs not only make you drunk faster. But they can also be incredibly dangerous to mix with alcohol.
How Often You Drink
If you drink more frequently, you can build up a tolerance to some of the side effects of being intoxicated. This can make it seem like you aren’t as drunk as you are. However, this doesn’t mean that your BAC is lower than average. Even if you have a high tolerance, you should take caution when drinking and driving. Just because you don’t feel drunk when getting behind the wheel of a car doesn’t mean you aren’t.
Whether or Not You’ve Eaten
If you haven’t eaten all day, getting behind the wheel after two drinks is probably not a good idea. When you don’t eat before drinking, you get drunk much faster. And the liver isn’t able to keep up with the amount of alcohol in your bloodstream.
This can result in a higher-than-average BAC that puts you over the legal limit based on DUI laws. If you’ve eaten recently, your body will be able to metabolize the alcohol, meaning you won’t get drunk as quickly, and your BAC will be lower.
So, Can I Drive After Two Drinks?
With that information in mind, it’s important to remember that it can still be difficult to tell whether or not two drinks are too many. Before getting behind the wheel of a car, you should be confident in your ability to drive safely. If you don’t feel that that is possible after two drinks, don’t do it. It’s not worth it to violate the legal limit and be charged with a DUI.
Personal Breathalyzers: Are They Reliable?
Personal breathalyzers have become increasingly popular tools for individuals to gauge their alcohol levels before deciding to drive. While these devices can provide a general indication of BAC, their reliability may vary. Factors such as calibration, user error, and the type of breathalyzer used can impact accuracy.
Personal breathalyzer effectiveness can wildly vary among different models. British researchers conducting a study on breathalyzer accuracy found the models they tested were anywhere from 26%-95% accurate. In another study, researchers tested seven devices and found all underestimated BAC levels by more than .01%. Two of them failed to detect BAC levels of .08%.
It’s crucial to recognize that personal breathalyzers aren’t infallible. You should never solely rely upon them to determine your driving fitness. North Dakota law enforcement agencies use breathalyzers too, which are by no means perfect. However, they’re more accurate and undergo regular calibration.
Personal breathalyzers can serve as a rough estimate, but they shouldn’t be the sole factor influencing the decision to drive after drinking.
Can I Refuse to Take a BAC Test or Breathalyzer?
North Dakota has an implied consent law, which means that by driving a vehicle within the state, you are considered to have automatically given your consent for a chemical test to determine your blood alcohol concentration (BAC). This, however, does not cover the field sobriety tests.
Additionally, implied consent does not apply to blood tests to determine if your BAC exceeds the legal limit for a DUI, in accordance with a 2016 Supreme Court ruling on the issue. Basically, breathalyzers are automatically fair game in a suspected DUI stop, but blood tests are not.
Although an officer may ask for your consent to conduct the breathalyzer test, refusing to take it usually has legal consequences. These include:
- License Suspension: Your driving privileges can be temporarily suspended, often for a minimum of 180 days for a first offense and a maximum of three years for repeat refusals. You can however contest a refusal-related suspension with the help of an attorney.
- Criminal Charges: You may face criminal charges for refusing to comply with the implied consent law. These charges can result in fines, imprisonment, or other legal penalties.
- Adverse Evidence: Refusing the test can be used as evidence against you in court. This can increase the likelihood of a DUI conviction and potentially harsher penalties.
An officer may also enforce a DUI arrest if he or she has probable cause that you were driving under the influence. If you are arrested under such suspicion, it’s advisable to immediately contact your DUI defense lawyer who will help you decide the best course of action.
Can I Be Charged with a DUI if I’m Under the Legal Limit?
Even if you have a BAC under .08%, there’s a chance an officer could still charge you with a DUI if you can’t safely operate a vehicle. Police may consider factors such as erratic driving, slurred speech, or impaired motor skills as signs of impairment, regardless of your BAC.
So, relying solely on staying under the legal limit isn’t a fail-safe strategy to avoid a DUI charge. If alcohol compromises your ability to drive, you may still face legal consequences.
Alternatives to Drinking and Driving
Responsible decision-making can help prevent accidents and legal troubles and also safeguard lives. Here are some alternatives to drinking and driving:
- Designated driver: If you plan to drink alcohol, designate a sober driver beforehand. This simple step ensures a safe journey for everyone.
- Public transportation: Buses and trains offer a reliable and secure way to reach your destination without driving.
- Rideshare services: Services like Uber or Lyft provide convenient and readily available transportation options. A rideshare can be a responsible choice, especially if you can’t drive.
- Stay overnight: If you’re at a social event and have consumed alcohol, consider staying overnight instead of risking impaired driving. Get a ride to a hotel if necessary.
- Taxi services: Traditional taxi services remain viable for those needing a sober ride home.
Potential Penalties for Drunk Driving in North Dakota
Driving under the influence (DUI) in North Dakota can lead to severe consequences, even for those with a BAC below the legal limit. The penalties for DUI offenses may include significant fines and suspension of your license. In some cases, you may face a substantial prison sentence. The severity of penalties will typically increase for repeat offenses.
Is a DUI a Felony in North Dakota?
In North Dakota, a DUI can be a felony offense, depending on the number of offenses and the period within which they occurred. While initial offenses are typically misdemeanors, a fourth or subsequent DUI within 15 years is classified as a Class C felony.
If convicted, there are harsher penalties, including longer jail sentences and heavier fines. The maximum penalty is usually five years in prison and a fine of up to $10,000. Other penalties include a license suspension and ineligibility for a work permit.
It is important to note that other factors, such as driving with minors or causing an accident resulting in injury or death, can also escalate a DUI charge to a felony level. Knowing what to do after a DUI arrest can help you protect your rights while complying with North Dakota law.
Impact of a DUI Conviction
A DUI conviction in North Dakota can have far-reaching consequences, affecting your personal life, finances, and future opportunities. Besides the fines and jail time, it could also affect you in the following ways:
- Employment Loss: Many employers view DUI convictions as a serious offense and may terminate employment or refuse to hire individuals with such a record. This is especially common for fourth DUI convictions which are classified as a felony.
- Insurance Rates May Increase: Your car insurance premiums will likely increase significantly, since insurers view a repeat DUI offender as a high risk policy holder.
- Difficulty Obtaining Loans: Lenders may be less willing to approve loans, such as mortgages or car loans, due to the perceived risk associated with a DUI conviction.
- License Suspension: Your driving privileges will be suspended for a specified period, impacting your ability to commute, work, and conduct daily activities.
If You are Charged With a DUI You Need Sand Law
If you’ve been arrested for driving under the influence of alcohol, you should consider hiring a DUI defense attorney to represent your case. Aside from ensuring that your rights as a defendant are protected, we will advocate on your behalf for the best outcome.
In some cases, we’ve even been able to get a case thrown out completely. If your case isn’t thrown out, an attorney can help ensure that you get the lowest sentencing possible for your DWI offense.
For more information or to schedule a free case evaluation with an experienced DUI criminal defense attorney, please contact our experienced team of attorneys at Sand Law. You can contact us online or at 701-609-1510.
Frequently Asked Questions
Can medication affect my ability to drive after drinking?
Yes, medication can significantly impact your ability to drive, especially when combined with alcohol. Many medications have sedative effects and, when taken with alcohol, can intensify those effects. It’s crucial to read medication labels and consult with a healthcare professional to understand how specific medications may interact with alcohol and affect your ability to drive.
How accurate are personal breathalyzers?
The accuracy of personal breathalyzers can vary. Factors such as calibration, user error, and the type of device used can impact reliability. While these devices can provide a rough estimate of BAC, never use them solely to determine whether it’s safe to drive.
Are DUI laws different for commercial drivers?
Yes. The legal blood alcohol limit for commercial drivers in North Dakota is .04%. This is half the limit for most other drivers (the limit for drivers under 21 is .02%). Violations can result in severe consequences, including losing commercial driving privileges.