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North Dakota Driving Under the Influence (DUI) Laws
Like all other states in the country, it is illegal in the State of North Dakota to drive with a Blood Alcohol Content (BAC) of .08 Percent or above. North Dakota has a "Zero Tolerance" policy towards drivers under the age of 21 that have a Blood Alcohol Content of .02 Percent or above.
On a first North Dakota DUI conviction the offender must undergo an addiction evaluation by a licensed addiction treatment facility.If a driver is arrested for a North Dakota DUI twice within a 5 year period the driver may spend a minimum of 5 days in jail and the court may order that all of the license plates owned by the convicted driver be impounded during suspension.
North Dakota 1st DUI Offense
First North Dakota Drunk Driving Offense
- Classification - Class B Misdemeanor
- License Suspension - 91 Days (BAC up to .17%)
- License Suspension - 180 Days (BAC of .18% or Above)
- Fine - $250 Minimum
- Alcohol Evaluation Facility Mandatory
North Dakota 2nd DUI Offense
Second North Dakota DUI Offense
- Classification - Class B Misdemeanor
- Jail - 5 Days or,
- Community Service - 30 Days
- License Suspension - 365 Days (BAC up to .17%)
- License Suspension - 2 Years (BAC of .18% or Above)
- Fine - $500 Minimum
- Alcohol Evaluation Facility Mandatory
- Motor Vehicle Plates Impounded - Possible
North Dakota 3rd DUI Offense
Third North Dakota Drunk Driving Offense
- Classification - Class A Misdemeanor
- Jail - 60 Days
- License Suspension - 2 Years (BAC up to .17%)
- License Suspension - 3 Years (BAC of .18% or Above)
- Fine - $1,000 Minimum
- Alcohol Evaluation Facility Mandatory
- Motor Vehicle Plates Impounded - Possible
North Dakota 4th DUI Offense
Fourth North Dakota Drunk Driving Offense
- Classification - Class A Misdemeanor
- Jail - 180 Days
- License Suspension - 2 Years (BAC up to .17%)
- License Suspension - 3 Years (BAC of .18% or Above)
- Fine - $1,000 Minimum
- Alcohol Evaluation Facility Mandatory
- Motor Vehicle Plates Impounded - Possible
High Blood Alcohol Concentration DUI Penalties
In North Dakota the penalties for a drunk driving offense are increased if a driver has a Blood Alcohol Concentration of .018% or above.
This number will affect both the length of driver license suspension even if this is a first North Dakota DUI conviction as shown in the Drunk Driving penalties listed above.
Implied Consent in North Dakota
Any driver that operates a motor vehicle in the State of North Dakota is deemed to have give their consent to be tested for DUI or Intoxication if an officer of the law has a reasonable suspicion that the driver may be impaired.
Refusing to provide a sample of for checmical analysis will result in a revocation of driving privileges for up to four years. While the case is pending the driver will receive a temporary driver license that is good for approximately 25 days or until terminated by the results of the court hearing.
The minimum suspension time for DUI Test refusal is One year if the driver has no previous Drunk Driving conviction, or has not refused a DUI test in the past 5 years.
