Can Passengers Legally Drink In North Dakota While You Drive?

We all know it's illegal to drink and drive in North Dakota.

This is a serious problem in the Peace Garden State as we are typically near the top of the list of DUIs per capita in the United States.  According to Dusek Law, North Dakota is 2nd in the nation for DUI arrests.  A dubious honor we have held on to for four years in a row.  We are also one of three states to see an increase in DUI arrests over the last 10 years.

Believe it or not, there's actually a state where drivers can drink and drive and it's Mississippi.

According to Forbes Advisor, as long as the driver remains under the legal limit of 0.08 blood alcohol, you are free to operate a vehicle in Mississippi without a penalty.  That just blows my mind.

So, we know the law on drivers drinking and driving in North Dakota, but what about passengers?

Can a passenger have a bump while they're heading out on say a road trip with a friend?  Is this legal in North Dakota?  The short answer?  NO!  

The North Dakota Open Container Laws apply.  However, according to Nolo, there are a few exceptions.  As long as the vehicle is separated by a partition certain types of vehicles, including limos, taxis, and buses.  Patrons inside the passenger areas of these vehicles are permitted to possess and consume alcohol.

There are however 8 states in the United States where it is perfectly LEGAL for passengers to consume alcohol.

According to Motor Biscuit, they include Alaska, Arkansas, Connecticut, Delaware, Mississippi, Missouri, Rhode Island, Tennessee, Virginia, and West Virginia.

Probably best to keep alcohol out of North Dakota private vehicles altogether.  We've shown over the last 10 years we can't be trusted.