North Dakota DUI
It is a crime for any person to drive or be in actual physical control of a motor vehicle within this state when the person is under the influence of alcohol. A person who is 21 years and older is considered to be under the influence if he has an alcohol concentration of at least .08 at the time of the performance of a chemical test. The test must be performed within two hours of the driving or physical control of the vehicle.
If the person is under the age of 21, the person is under the influence if he is driving or in actual physical control of a motor vehicle and has an alcohol concentration of at least .02 at the time of the performance of a chemical test. The test must be performed within two hours of the driving or physical control of the vehicle.
If the driver does not consent to take a blood, breath or urine test, the law enforcement officer will take the driver's driving license and provide him with a temporary permit. The driver then has the option to "cure the refusal" by pleading guilty to the charge of driving under the influence and waiving his administrative hearing. If the driver elects this option, he loses his license in accordance with North Dakota's implied consent statute.
North Dakota DUI Penalties
- First DUI
- B.A.C. Up to .17:
- 91 days suspension of license
- Work permit possible after 30 days
- Minimum fine of $250
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
- B.A.C. of .18 or higher:
- 180 days suspension of license
- Work permit possible after 30 days
- Minimum fine of $250
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
- Second DUI
- B.A.C. Up to .17:
- 365 days suspension of license
- No work permit possible
- Minimum fine of $500
- 5 days imprisonment or 30 days community service
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
- B.A.C. of .18 or higher:
- 2 years suspension of license
- No work permit possible
- Minimum fine of $500
- 5 days imprisonment or 30 days of community service
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
- Third DUI
- B.A.C. Up to .17:
- 2 years suspension of license
- No work permit possible
- Minimum fine of $1,000
- 60 days imprisonment
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
- B.A.C. of .18 or higher:
- 3 years suspension of license
- No work permit possible
- Minimum fine of $1,000
- 60 days imprisonment
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
- Fourth DUI
- B.A.C. Up to .17:
- Driving privileges restored only after the offender has completed addiction treatment and not committed any alcohol-related offenses of any kind for at least two consecutive years after treatment
- Minimum fine of $1,000
- 180 days imprisonment
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
- B.A.C. of .18 or higher:
- Driving privileges restored only after the offender has completed addiction treatment and not committed any alcohol-related offenses of any kind for at least two consecutive years after treatment
- Minimum fine of $1,000
- 180 days imprisonment
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
- Fifth DUI
- Class C Felony
- Maximum fine $5,000
- Maximum of 5 years imprisonment
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