DUI Laws in North Dakota (DUI)
North Dakota uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 7 years for second- and third-offense counting; 15 years for felony (fourth or subsequent) counting (N.D.C.C. § 39-08-01). 4th or subsequent offense within a fifteen-year period (Class C felony. Below are the full details of North Dakota's DUI laws and penalties.
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Overview
North Dakota treats driving under the influence (DUI) seriously, with penalties that escalate rapidly for repeat offenders. The state uses a seven-year lookback for second- and third-offense counting and a fifteen-year lookback for felonies: a fourth DUI within fifteen years becomes a Class C felony. North Dakota's 24/7 Sobriety Program is nationally recognized and often required as a condition of bond or probation. The state also imposes administrative per se license suspensions through the DOT that are separate from criminal court penalties, meaning drivers face consequences on two fronts after an arrest.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.16% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class B misdemeanor | Up to 30 days (2 days mandatory if BAC ≥ 0.16%) | $500 minimum; up to $1,500 | 91 days (180 days if BAC ≥ 0.18% or refusal) | Not mandatory as part of the criminal sentence; an IID is required to obtain a restricted license during the suspension period (after the mandatory hard-suspension period) |
| 2nd Offense | Class B misdemeanor | 10 days mandatory (minimum); up to 30 days | $1,500 flat (the mandatory minimum equals the class B misdemeanor maximum fine) | 365 days (2 years if BAC ≥ 0.18%) | Required for a restricted license, for the remainder of the suspension period |
| 3rd Offense | Class A misdemeanor | 120 days mandatory (minimum); up to 1 year | $2,000 minimum; up to $3,000 | 2 years (3 years if BAC ≥ 0.18%) | Required for a restricted license, for the remainder of the suspension period |
| Felony | Class C felony | 1 year and 1 day mandatory minimum; up to 5 years (N.D.C.C. § 39-08-01(5)(d)), plus at least 2 years of supervised probation with 24/7 Sobriety Program participation | $2,000 minimum; up to $10,000 | 2 years minimum; up to 3 years | Required for any restricted driving privileges during the revocation period |
Felony threshold: 4th or subsequent offense within a fifteen-year period (Class C felony, N.D.C.C. § 39-08-01); the 7-year window applies only to second- and third-offense misdemeanor counting. Lookback period: 7 years for second- and third-offense counting; 15 years for felony (fourth or subsequent) counting (N.D.C.C. § 39-08-01).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | May be ordered at court discretion | Up to 1 year; 24/7 Sobriety Program may be required | Addiction evaluation required; completion of recommended treatment program |
| 2nd Offense | May be ordered in lieu of partial jail time | Up to 2 years; 24/7 Sobriety Program typically required | Addiction evaluation and completion of recommended treatment mandatory |
| 3rd Offense | May be ordered at court discretion | Up to 3 years; 24/7 Sobriety Program required | Addiction evaluation and full treatment program mandatory |
| Felony | May be ordered as probation condition | Up to 5 years supervised; 24/7 Sobriety Program required | Full substance abuse treatment program mandatory; inpatient treatment may be ordered |
Implied Consent Law
Under North Dakota's implied consent law (NDCC § 39-20-01), any person operating a vehicle on state highways is deemed to have consented to chemical testing of blood, breath, or urine when an officer has reasonable grounds to believe the driver is impaired. The officer must advise the driver of the consequences of refusal before testing.
Refusal penalties: First refusal: 180-day license revocation and $500 fine. Second refusal within 7 years: 2-year revocation and $1,500 fine. Third refusal within 7 years: 3-year revocation and $2,000 fine. Refusal can also be used as evidence of guilt at trial.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.16% or higher | At 0.16%+ a first offense becomes an aggravated offense: mandatory $750 fine and at least 2 days' imprisonment (N.D.C.C. § 39-08-01(5)(a)(2)); at 0.18%+ the license suspension doubles (180 days vs. 91 days on a first offense) |
| Minor passenger under 18 in vehicle | Enhanced penalties including additional mandatory jail time and potential child endangerment charges |
| Excessive speed (20+ mph over limit) | Additional traffic charges; considered in sentencing for longer jail terms and higher fines |
| Driving on suspended or revoked license due to prior DUI | Separate Class B misdemeanor charge; mandatory additional jail time and extended license revocation |
| Causing bodily injury while DUI | Upgraded to Class A misdemeanor or felony depending on severity; potential prison sentence up to 5 years |
| Refusal to submit to chemical testing | Administrative penalties equivalent to or exceeding those for high-BAC offenses; used as evidence at trial |
DUI with Injury
Classification: Class A misdemeanor to Class C felony
DUI causing serious bodily injury is a Class C felony punishable by up to 5 years in prison and up to $10,000 in fines. DUI causing death (criminal vehicular homicide) is a Class A felony carrying up to 20 years in prison. Even lesser injuries can elevate the charge to a Class A misdemeanor with up to 1 year in jail.
Underage DUI
Drivers under 21 with BAC of 0.02% or above face a 91-day license suspension for the first violation and a 1-year suspension for subsequent violations. If the underage driver's BAC is 0.08% or above, they face the same criminal DUI penalties as adult drivers in addition to the administrative suspension.
Diversion Programs
Program: 24/7 Sobriety Program / Deferred Imposition of Sentence
North Dakota's nationally recognized 24/7 Sobriety Program requires participants to submit to twice-daily alcohol breath testing or wear a continuous alcohol monitoring bracelet. Courts may also grant deferred imposition of sentence for first-time DUI offenders, which can result in the conviction being set aside upon successful completion of probation conditions.
Eligibility: Deferred imposition is generally available for first-offense misdemeanor DUI defendants with no prior felony convictions. The 24/7 Sobriety Program may be ordered at any stage and is available statewide. Eligibility for deferred disposition is at the court's discretion and typically requires a guilty plea.
How Long a DUI Stays on Your Record
A DUI conviction remains on your North Dakota driving record permanently. For criminal record purposes, the conviction is also permanent unless expunged. North Dakota allows sealing of some misdemeanor records, but DUI convictions are generally not eligible for expungement. The 7-year lookback period applies only to penalty enhancement for new offenses, not to the record itself.
Key Statutes
- NDCC § 39-08-01
- Driving under the influence of intoxicating liquor or drugs; criminal penalties and offense classification
- NDCC § 39-20-01
- Implied consent to determine alcohol content of blood, breath, or urine
- NDCC § 39-20-04
- Revocation of driving privilege upon refusal to submit to testing
- NDCC § 39-06.2
- Administrative per se hearing and license suspension procedures
- NDCC § 39-08-01.2
- Criminal vehicular homicide and serious bodily injury while DUI
Frequently Asked Questions
What is the penalty for a first DUI in North Dakota?
How long does a DUI stay on your record in North Dakota?
What is the 24/7 Sobriety Program in North Dakota?
Can I get a hardship license after a DUI in North Dakota?
What happens if I refuse a breathalyzer in North Dakota?
When does a DUI become a felony in North Dakota?
Do I need an ignition interlock device after a DUI in North Dakota?
What is the legal BAC limit in North Dakota?
Related Guide
DUI license recovery in North Dakota→Step-by-step guide to getting your license back after a DUI in North Dakota — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- North Dakota DOT — DUI Information
Official state resource for DUI-related license actions, reinstatement requirements, and restricted license applications
- North Dakota 24/7 Sobriety Program
Information on the 24/7 Sobriety Program including testing locations, costs, and participant requirements
- North Dakota Century Code — Title 39 (Motor Vehicles)
Full text of North Dakota motor vehicle laws including DUI statutes, implied consent, and penalty schedules
- North Dakota Legal Self Help Center
Court-provided resources for self-represented defendants, including criminal case information and forms
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