Hosting a Party? Know Your Responsibility.
In North Dakota, hosting a gathering where alcohol is served comes with real responsibility. If an intoxicated guest leaves your home and causes a crash that results in injury or death, you may be held legally and financially responsible if you provided the alcohol.
Being informed helps keep everyone safe.
Alcohol Laws for Individuals Under 21
In North Dakota, it is illegal for anyone under the age of 21 to:
- Possess or consume alcohol
- Purchase or attempt to purchase alcohol
- Manufacture or attempt to manufacture alcohol
- Enter a liquor establishment
Penalty:
Infraction — punishable by up to a $1,000 fine
(NDCC 5-01-08)
If an individual is convicted three or more times within one year for the same infraction, the charge may be elevated to a Class B misdemeanor (NDCC 12.1-32-01).
The court may also require:
- Alcohol education or prevention classes
Fake IDs & Misrepresentation of Age
It is a Class B misdemeanor to:
(NDCC 39-06-40)
- Possess or display a license or ID that is canceled, revoked, fake, or altered
- Use or possess an ID that was not issued to you
- Lend your ID to someone else or allow another person to use it
- Refuse to surrender an ID that has been suspended, revoked, or canceled
- Use a false name or provide false information when applying for an ID
It is also illegal to:
(NDCC 5-01-08.1)
- Lie about your age—or someone else’s age
- Use false or misleading documents to appear legally old enough to buy alcohol
Penalty for a Class B misdemeanor:
- Up to 30 days in jail
- Up to $1,500 fine
Additional consequences may include:
- Confiscation of the ID
- Suspension or delay of a driver’s license
- School or college disciplinary action
Drinking and Driving (Any Age)
It is illegal to drink and drive at any age in North Dakota.
(NDCC 39-08)
This includes:
- Driving under the influence
- A blood alcohol concentration (BAC) of .08 or higher for adults
- A BAC of .02 or higher for minors (zero tolerance)
Penalty:
- Class B misdemeanor to Class C felony
- Up to 5 years in prison
- Up to $10,000 fine
Providing Alcohol to Others
It is illegal to:
(NDCC 5-01-09)
- Provide alcohol to anyone under the age of 21
- Provide or purchase alcohol for someone who is obviously intoxicated or unable to make safe decisions
Penalty:
- Class A misdemeanor
- Up to 1 year in jail
- Up to $3,000 fine
Additional Consequences May Include:
- Criminal record
- Financial penalties
- Increased insurance rates
- Loss of driver’s license
- Loss of college scholarships
- Inability to pursue desired career