North Dakota DUI Laws
By law, when you drive in North Dakota you consent to a blood, breath or urine test to determine if you are under the influence of drugs or alcohol when requested to do so. If you fail or refuse to take the test, your license may be suspended by the DMV and you may face criminal charges. A North Dakota DUI attorney will examine your case for inaccuracies, administrative errors, police mistakes and other evidence that could lead to a not-guilty verdict or even a dismissal of charges.
Penalties for first offenders include 91 days license suspension (180 days with .18 blood alcohol content or greater, one year for refusing chemical testing), a minimum fine of $250, mandatory referral to an addiction facility for alcohol evaluation, and higher auto insurance. Subsequent convictions carry harsher penalties, including mandatory jail time. There is a seven-year "look back" period used for determining the number of prior convictions. North Dakota will consider DUI convictions in other states as well. Only a DUI attorney can tell you for sure how these laws apply to your case.
Even if you lose your driver's license, you may be eligible for a restricted driving permit. However, you will likely be required to install an ignition interlock device on your car. To learn more about options that can lessen the negative impact of a DUI arrest, contact a DUI attorney today.
North Dakota DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
North Dakota BAC laws may differ from those of other states, as follows.
| North Dakota BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately 10 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense | 91 or 180 days license suspension, depending on BAC |
| Subsequent Offenses | 1 or 2 years license suspension, depending on BAC |
| "Zero Tolerance" (BAC for someone under 21) | 91 days to 2 year license suspension, depending on prior convictions and BAC |
| Temporary License | Yes for 25 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st and Subsequent Offenses | 1 to 4 years license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 1 to 4 years license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 91 days (BAC of .18 or higher- 180 days) (may have conditional license) |
| Prison Term and Community Service | Maybe community service |
| Fines, Fees, and Surcharges | Approx. $250 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education; possible treatment |
| Second DUI/DWI Offense (within 5 years of 1st offense) | |
| License Suspension | 1 year (2 years for BAC of .18 of higher) (no conditional license) |
| Prison Term and Community Service | 5 days in jail or 30 days community service |
| Fines, Fees, and Surcharges | Approx. $500 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education; possible treatment |
| Third DUI/DWI Offense (within 5 years of 2nd offense) | |
| License Suspension | 2 years (3 years for BAC of .18 or higher) (no conditional license) |
| Prison Term and Community Service | 60 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education; possible treatment |
| Fourth DUI/DWI Offense (within 7 years of 3rd offense) | |
| License Suspension | 2 years (3 years for BAC of .18 or higher) (no conditional license) |
| Prison Term and Community Service | 180 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education; possible treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, North Dakota Department of Transportation