The North Dakota Minor in Possession/Consumption law states that persons under 21 years of age are prohibited from purchasing, consuming, or possessing alcoholic beverages. Typically it appears if the minor was in an automobile when they were found by law enforcement than they are cited under North Dakota Century Code (NDCC) 5-01-08 and 39-06-01.1.
5-01-08 is titled Individuals under twenty-one years of age prohibited from using alcoholic beverages or entering licensed premises - Penalty. Here it states in part:
1. Except as permitted in this section and section 5-02-06, an individual under twenty-one years of age may not manufacture or attempt to manufacture, purchase or attempt to purchase, consume or have recently consumed other than during a religious service, be under the influence of, be in possession of, or furnish money to any individual for the purchase of an alcoholic beverage....A violation of this section is a class B misdemeanor.
NDCC 39-06-01.1 is titled Special provisions for minor operators. Here it states in part:
1. The director shall cancel the permit or license to operate a motor vehicle of an individual who has committed acts resulting in an accumulated point total in excess of five points as provided for a violation under section 39-06.1-10 or has committed an alcohol-related offense while operating a motor vehicle, if:
a. The acts or offenses were committed while the individual was a minor; and
b. The individual admitted the violation, was found to have committed the violation by the official having jurisdiction, or pled guilty to, was found guilty of, or adjudicated to have committed the offense.
The North Dakota driver's manual also explains this section of law in its driver's manual where it notes that ND has a minors licensing law for persons under the age of 18 because new drivers are involved in a significant number of crashes. As part of these laws regarding minor:
The director shall cancel the permit or license of a minor under 18 years of age who accumulates six or more points on their driving record or commits an alcohol-related offense while operating a motor vehicle. This includes minor in possession or minor in consumption of alcoholic beverage.
A minor, under 18, whose permit or license has been cancelled in this manner will be considered as never having had a permit or license before. An Instruction permit will be issued after successful completion of the written and vision tests. A road test will be administered after successful completion of driver's education and the required six months' holding period of the permit. In the event of a cancellation, driver's education requirements may be met by completing 30 hours of classroom and 6 hours of behind-the-wheel training through the Department of Public Instruction or 6 hours of behind-the-wheel training through a commercial driver training school approved by the North Dakota Highway Patrol or by completing an approved Internet driver education course and 30 hours of driving supervised by a parent or legal guardian.
The ND Department of Transportation (DOT) states that an alcohol offense will normally will stay on the part of your North Dakota driving record that is available to the public (such as your insurance company) for three years and it will stay on the part of the driving record that is available to courts and law enforcement for seven years.
We checked with the North Dakota DOT to see if this is the same for a minor consumption charge. The DOT told us that this type of charge does go on a driving record if you are the driver and under 18 and that it will stay on a driver's record for 3 years.
This type of charge will normally affect your rates since is considered an alcohol offense by auto insurers and thus taken seriously. To shop around for ND affordable car insurance, click here.