DUI & DWI

North Dakota considers any driver 21 or older with a blood alcohol (BAC) count of .08% or higher to be legally drunk. Drivers younger than 21 are subject to the state's zero tolerance policy and face stiff repercussions if nabbed with a BAC of .02% or higher.

Penalties

All of the following penalties also apply to drivers younger than 21 years old caught with a BAC of .02% or higher.

First DUI Offense

• Your license will be suspended for 91 days if your BAC registers between .08% and .17%, or suspended for 180 days if your BAC is .18% or higher.

• You'll receive a mandatory referral to an addition facility for alcohol evaluation.

• You will also be slapped with a minimum $250 fine.

Second DUI Offense

• If this is your second offense within five years your license will be suspended for one year (two years if your BAC registers higher than .18%).

• You'll be thumped with a minimum $500 fine.

• You'll either face five days in jail or 30 days of community service.

• You'll be required to attend an addiction facility for alcohol programs.

Third DUI Offense

• If this is your third offense within five years your license will be suspended for two years (three years if your BAC registers .18% or higher).

• You'll be punched with a minimum $1,000 fine.

• You'll be heaved into jail for 60 days.

• You'll be required to attend an addiction facility for alcohol counseling.

Fourth DUI Offense

• If this is your fourth offense within seven years your license will be suspended for two years (three years if your BAC registers .18% or higher).

• You'll be faced with a minimum fine of $1,000.

• You'll face 180 days in jail.

• Your driving privileges will only be returned after being treated for alcohol addiction and not committing any alcohol-related offenses for at least two straight years after completing treatment.

Fifth DUI Offense

• A fifth DUI offense is a Class C felony in North Dakota.

• You′ll be slapped with a fine of up to $5,000 and up to five years in jail.

Alcohol Test Refusal

Refusing to submit to an alcohol test is not recommended. Refusal prompts an immediate revocation of your license regardless of whether you're eventually proved innocent.

Insurance and Legal Repercussions

You can expect a substantial spike in your insurance premiums that can haunt you for the rest of your driving career. You may also be interested in hiring a lawyer to defend you if you are charged with DUI.