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DUI Laws and Penalties in North Dakota

3 min read

Driving under the influence (DUI) in North Dakota carries serious legal, financial, and personal consequences. The state enforces strict laws to deter impaired driving, including license suspensions, fines, and mandatory ignition interlock requirements for certain offenses.

In North Dakota, it is illegal to operate a vehicle with a Blood Alcohol Concentration (BAC) of:

  • 0.08% or higher for drivers 21 and older
  • 0.02% or higher for drivers under 21
  • 0.04% or higher for commercial drivers

Refusing a chemical test results in immediate license revocation under North Dakota’s implied consent laws.

Penalties for a First DUI Offense

A first DUI offense typically includes:

  • Up to $500 fine if BAC is under 0.16%, or $750 fine if BAC is 0.16% or higher
  • License suspension for 91 days (under 0.18% BAC) or 180 days (0.18% or higher)
  • Mandatory addiction evaluation
  • Potential jail time if BAC is 0.16% or higher

If you need to reapply for your license after suspension, refer to Renewing or Replacing an ND License.

Repeat DUI Offenses

Penalties increase with each subsequent DUI within 7 years:

  • Second offense: Minimum 10 days jail, $1,500 fine, and 1-year license suspension
  • Third offense: Minimum 120 days jail, $2,000 fine, 2-year license suspension
  • Fourth and subsequent offenses: Felony charges, longer jail time, higher fines, and longer license suspensions

An ignition interlock device may be required for reinstatement, and additional restrictions may apply depending on your record.

Aggravated DUI in North Dakota

An aggravated DUI charge may apply if:

  • Your BAC is 0.16% or higher
  • You cause injury or death while driving under the influence
  • You have multiple DUI offenses

Aggravated DUI can lead to higher fines, extended license suspension, mandatory ignition interlock, and extended jail sentences.

License Reinstatement After DUI

Following a DUI-related suspension, you will need to fulfill reinstatement conditions, including:

  • Paying reinstatement and administrative fees
  • Completing required treatment or education programs
  • Installing an ignition interlock device, if ordered

It is also essential to be aware of Understanding ND Traffic Violation Points System to track how DUI and related violations impact your driving record.

Underage DUI Penalties

North Dakota enforces Zero Tolerance for drivers under 21, with a BAC limit of 0.02%. Penalties for underage DUI may include:

  • License suspension
  • Fines
  • Mandatory alcohol education

Teen drivers and parents should review North Dakota Graduated Driver’s Licensing Explained to understand how DUI can impact licensing progression.

DUI and Commercial Drivers in North Dakota

Commercial drivers face stricter limits (0.04% BAC) and severe penalties for DUI, including immediate out-of-service orders and potential disqualification from operating commercial vehicles. CDL holders should review ND CDL Written Test Preparation Guide for maintaining compliance and protecting their commercial driving status.

Additional Resources

By understanding and respecting DUI laws in North Dakota, you can protect your license, avoid severe penalties, and contribute to safer roads for all drivers.