North Dakota DUI Laws & Drunk Driving Penalties

Overview of the penalties upon conviction of DUI in North Dakota

North Dakota DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.

If you've been charged with DWI in North Dakota, the law allows only 10 days for a North Dakota DWI Lawyer to make a request with the North Dakota Department of Transportation for a hearing to help save your drivers license.

What are the penalties for DUI in North Dakota?

The penalties for driving under the influence in North Dakota will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

ND DUI Penalties

North Dakota is a state with a 7 year 'washout period' also known as a 'look back period'

1st DUI Offense / Conviction - Misdemeanor

The penalty upon conviction of a first DUI offense in North Dakota:

A defendant charged with a first DUI offense may elect to participate in the twenty-four seven sobriety program in lieu of an administrative hearing if their drivers license is not subject to an unrelated suspension or revocation.

• Fine: minimum $500 fine
• Drivers License Suspension: 91 days drivers license suspension (180 days if BAC 0.18% or more) [may be eligible for a temporary restricted work permit license after first 30 days of suspension (15 days if participating in the twenty-four seven sobriety program)]
• Jail Time: at least 2 days imprisonment if BAC 0.16% or more (court may convert each day of the period of imprisonment imposed into 10 hours of community service)
• alcohol addiction evaluation and treatment as required
• ND SR22 Insurance (proof of financial responsibility) Requirement

AGGRAVATED DUI
If BAC was 0.16% or more at the time of the offense the offense will be classed as an aggravated DUI. The fine will increase to at least $750 and two days jail time must be served.

2nd DUI Offense / Conviction - Misdemeanor

The penalty upon conviction of a second DUI offense in North Dakota:

• Fine: minimum $1,500 fine
• Jail Time: at least 10 days imprisonment of which 48 hours must be served consecutively (court may convert each day of the period of imprisonment imposed into 10 hours of community service)
• Drivers License Suspension: 365 days drivers license suspension if second DUI within 7 years (180 days if previous DUI was more than 7 years ago and 2 years if BAC 0.18% or more)
• Ignition Interlock Restriction: possible ignition interlock restriction for a period of time that the court deems appropriate
• alcohol addiction evaluation and treatment as required
• at least 12 months participation in the twenty-four seven sobriety program
• vehicle may be seized, forfeited and sold or otherwise disposed of
• ND SR22 Insurance (proof of financial responsibility) Requirement

3rd DUI Offense / Conviction - Misdemeanor

The penalty upon conviction of a third DUI offense in North Dakota:

• Fine: minimum $2,000 fine
• Jail Time: at least 120 days imprisonment (court may suspend all but sixty days on imprisonment if a person first completes an evaluation for alcohol and substance abuse treatment and rehabilitation program AND completes the 24-7 sobriety program)
• Drivers License Suspension: 2 years drivers license suspension (3 years if BAC 0.18% or more)
• Ignition Interlock Restriction: possible ignition interlock restriction for a period of time that the court deems appropriate
• at least 1 years supervised probation and participation in the twenty-four seven sobriety program
• alcohol addiction evaluation and treatment as required
• vehicle may be seized, forfeited and sold or otherwise disposed of
• ND SR22 Insurance (proof of financial responsibility) Requirement

4th (& subsequent) DUI Offense / Conviction - Misdemeanor

The penalty upon conviction of a fourth (& subsequent) DUI offense in North Dakota:

A fourth or subsequent offense will be a felony regardless of the length of time since previous offenses/convictions.

• Fine: minimum $2,000 fine
• Jail Time: at least 1 year and 1 day imprisonment (court may suspend all but 1 year imprisonment if a person first completes an evaluation for alcohol and substance abuse treatment and rehabilitation program)
• Drivers License Suspension: 3 years drivers license suspension
• Ignition Interlock Restriction: possible ignition interlock restriction for a period of time that the court deems appropriate
• at least 2 years supervised probation and participation on the twenty-four seven sobriety program
• alcohol addiction evaluation and treatment as required
• vehicle may be seized, forfeited and sold or otherwise disposed of
• ND SR22 Insurance (proof of financial responsibility) Requirement

Top of Page

Implied Consent (Chemical Testing) Laws

It is an offense to refuse to submit to a chemical test in North Dakota and implied consent laws are enforced.

In North Dakota, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked and they will face the same penalties as DUI, only the license revocation periods will differ.

Refusal to submit to on-site screening tests is a crime and refusal will result in the same penalties as those imposed for a DUI in addition to a drivers license revocation for at least 180 days and up to 3 years.

First chemical test refusal

If a person has no previous DUI or test refusal convictions within the preceding 7 years the following penalties will apply:

• Drivers License Revocation: 180 days drivers license revocation
• ND SR22 Insurance (proof of financial responsibility) Requirement

Second chemical test refusal

If a person has one previous DUI or test refusal conviction within the preceding 7 years the following penalties will apply:

• Drivers License Revocation: 2 years drivers license revocation
• ND SR22 Insurance (proof of financial responsibility) Requirement

Third (OR subsequent) chemical test refusals

If a person has at least twice been previously convicted of DUI or test refusal within the preceding 7 years the following penalties will apply:

• Drivers License Revocation: 3 years drivers license revocation
• ND SR22 Insurance (proof of financial responsibility) Requirement

Top of Page

What is the legal alcohol limit in North Dakota

The maximum legal BAC (blood alcohol content) limits in North Dakota for driving are as follows:

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of North Dakota it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of North Dakota it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of North Dakota it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.

It is an offense to refuse to submit to a chemical test in North Dakota and implied consent laws are enforced.