A Complete Guide to North Dakota DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to North Dakota DUI Laws: From First Offense to Felony Charges

Introduction

North Dakota, known as the "Peace Garden State," has strict laws against impaired driving, referred to as "Driving Under the Influence" (DUI). These laws are rigorously enforced through both criminal penalties imposed by the courts and administrative actions by the North Dakota Department of Transportation (NDDOT). The state's objective is to deter individuals from operating vehicles while affected by alcohol or drugs, thereby enhancing public safety on its roads. Penalties for DUI in North Dakota are severe, escalating significantly for repeat offenses, higher Blood Alcohol Concentration (BAC) levels, or those involving aggravating circumstances such as causing serious injury or having a minor in the vehicle. Understanding these regulations is crucial for anyone driving in North Dakota.

The General Framework of North Dakota DUI Laws

In North Dakota, a person commits the offense of DUI if they are driving or in actual physical control of a vehicle while:

Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more (this is a "per se" violation, meaning no other evidence of impairment is needed).
Under the influence of intoxicating liquor, drugs, or a combination thereof to a degree which renders them incapable of safely driving.
Having a BAC of $0.04%$ or more while operating a commercial vehicle.
Having a BAC of $0.02%$ or more if under 21 years of age (Zero Tolerance Law).

Even if your BAC is below the specific "per se" limits, you can still face DUI charges if law enforcement can prove that your driving ability was "impaired" by alcohol or drugs based on observations, field sobriety tests, or other evidence.

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Implied Consent Law

North Dakota has a comprehensive implied consent law (North Dakota Century Code § 39-20-01). By operating a motor vehicle on North Dakota's public roads, you are legally deemed to have given your consent to a chemical test (blood, breath, oral fluid, or urine) to determine the concentration of alcohol or the presence of drugs in your system if a law enforcement officer has reasonable grounds to believe you are impaired and lawfully arrests you for DUI.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for DUI in North Dakota carries immediate and severe penalties, both administrative and potentially criminal, separate from any conviction for the underlying DUI offense. Your refusal can also be used as evidence against you in court.

First refusal: Your driver's license will be revoked for 180 days. This is an administrative penalty by the NDDOT.
Second refusal (within 5 years): Your driver's license will be revoked for 2 years.
Third or subsequent refusal: Your driver's license will be revoked for 3 years.

Furthermore, refusing a chemical test is also considered a criminal offense in North Dakota. A first refusal is a Class B misdemeanor, carrying potential jail time and fines in addition to the license revocation.

North Dakota DUI Statistics

North Dakota has historically faced challenges with impaired driving, though efforts are continuously made to address the issue.

In 2022, 38% of traffic fatalities in North Dakota were alcohol-related.
North Dakota has ranked among the states with higher rates of DUI arrests per capita. For instance, in a 2019 report, it ranked second highest for DUI arrests per 100,000 people.

These statistics underscore the ongoing efforts to combat impaired driving and the serious risks it poses in the state.

Penalties for DUI in North Dakota

North Dakota's DUI penalties are substantial and become significantly more severe with each subsequent conviction. North Dakota uses a 7-year "look-back" period to determine if a DUI offense is a repeat offense for misdemeanor charges. For a fourth or subsequent offense, a 15-year look-back period is used to classify it as a felony. However, certain serious aggravating factors can elevate a first or second offense to a felony.

First Offense DUI (Class B Misdemeanor)

For a first-time DUI conviction in North Dakota (no prior convictions within the last 7 years):

Fines:
- $500 if BAC is less than $0.16%$ .
- $750 if BAC is $0.16%$ or greater.
Jail Time:
- No mandatory jail time if BAC is less than $0.16%$ .
- Mandatory 2 days imprisonment (or 20 hours of community service) if BAC is $0.16%$ or greater. Max 30 days.
License Suspension:
- 91 days if BAC is less than $0.18%$ .
- 180 days if BAC is $0.18%$ or greater.
Addiction Evaluation: Mandatory chemical dependency evaluation and compliance with recommended treatment.
Ignition Interlock Device (IID): May be required to obtain a temporary restricted license during the suspension period.

Second Offense DUI (within 7 years - Class B Misdemeanor)

Fines: Minimum $1,500. Max $1,500.
Jail Time: Mandatory 10 days imprisonment. Max 30 days.
License Suspension:
- 365 days (1 year) if BAC is less than $0.18%$ .
- 2 years if BAC is $0.18%$ or greater.
24/7 Sobriety Program: Mandatory 360 days of participation. This often involves twice-daily breath tests or continuous alcohol monitoring.
Addiction Evaluation: Mandatory chemical dependency evaluation and compliance with recommended treatment.
Ignition Interlock Device (IID): Mandatory upon license reinstatement.
Vehicle Plate Surrender: Vehicle license plates may be surrendered unless undue hardship is shown or participation in the 24/7 program is approved.

Third Offense DUI (within 7 years - Class A Misdemeanor)

Fines: Minimum $2,000. Max $3,000.
Jail Time: Mandatory 120 days imprisonment. Max 360 days.
License Suspension:
- 2 years if BAC is less than $0.18%$ .
- 3 years if BAC is $0.18%$ or greater.
24/7 Sobriety Program: Mandatory 360 days of participation.
Supervised Probation: Mandatory 360 days of supervised probation.
Addiction Evaluation: Mandatory chemical dependency evaluation and compliance with recommended treatment.
Ignition Interlock Device (IID): Mandatory upon license reinstatement.
Vehicle Plate Surrender: Vehicle license plates may be surrendered.

Fourth and Subsequent Offense DUI (within 15 years - Class C Felony)

Fines: Minimum $2,000. Max $10,000.
Prison Time: Mandatory 1 year and 1 day imprisonment. Max 5 years.
24/7 Sobriety Program: Mandatory 2 years of participation.
Supervised Probation: Mandatory 2 years of supervised probation.
License Revocation: Typically a lengthy or permanent revocation.
Addiction Evaluation: Mandatory chemical dependency evaluation and compliance with recommended treatment.
Ignition Interlock Device (IID): Mandatory for extended periods if license ever reinstated.
Felony Criminal Record: A permanent felony conviction with severe lifelong implications for employment, housing, and civil rights (e.g., voting, firearm ownership).

Aggravating Circumstances (May Elevate to Felony):

Certain factors can elevate a DUI to a felony, even for a first or second offense:

DUI with a Minor in the Vehicle: If the offender is at least 21 years old and has a minor passenger (under 16) in the vehicle, it can be a Class C felony, punishable by up to 5 years in prison and a $10,000 fine, and up to 1 year jail and/or $2,000 fine for a minor passenger offense.
Criminal Vehicular Injury: Causing serious bodily harm to another person while driving under the influence is a Class C felony. Conviction carries 1 to 5 years in prison (minimum 2 years if prior DUIs) and up to $10,000 in fines.
Criminal Vehicular Homicide: Causing the death of another person while driving under the influence is a Class A felony. Conviction carries 3 to 20 years in prison (minimum 10 years if prior DUIs) and up to $20,000 in fines.
High BAC: A BAC of $0.18%$ or higher can lead to increased penalties as noted above.

Other Significant Penalties:

Under 21 DUI (Zero Tolerance, BAC $0.02%$ to $0.08%$ ):
- First offense: 91-day license suspension, fine, addiction evaluation.
- More severe if BAC is $0.08%$ or higher, leading to adult DUI penalties.
Driving While License Suspended/Revoked for DUI: This is a separate criminal offense with significant penalties, including mandatory jail time.
24/7 Sobriety Program: This program requires participants to abstain from alcohol and drugs, monitored through twice-daily breath tests or continuous alcohol monitoring. Failure to comply leads to swift consequences.
Chemical Dependency Evaluation & Treatment: Mandatory for all DUI convictions.
Increased Insurance Premiums: DUI convictions lead to significantly higher insurance rates, and individuals may be required to obtain SR-22 insurance.
Collateral Consequences: A DUI conviction can lead to social stigma, professional license loss (for certain professions), immigration complications, and difficulty with employment and housing.

Conclusion

North Dakota's DUI laws are comprehensive and severe, designed to impose significant consequences on impaired drivers. The tiered penalty system, the emphasis on high BAC levels, the strict "24/7 Sobriety Program," and the serious administrative and criminal penalties for test refusal all highlight the state's commitment to reducing impaired driving. The escalating penalties for repeat offenses, culminating in felony charges and mandatory prison time, demonstrate North Dakota's firm stance. Understanding these regulations, particularly the look-back periods, the implications of aggravating factors, and the mandatory nature of treatment and monitoring programs, is crucial for anyone driving in the state. For anyone facing a DUI charge in North Dakota, immediate consultation with an experienced North Dakota DUI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

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