Search
Search & Choose State
  • Location:

  • DUI & DWI in North Dakota

    North Dakota DUI & DWI

    The North Dakota Department of Transportation (NDDOT) and the North Dakota court systems are harsh on people driving under the influence (DUI) of drugs/alcohol.

    If you are arrested for and convicted of a DUI/driving while intoxicated (DWI), you will face both criminal court penalties and administrative penalties against your driving privileges. Typically, you’ll be required to pay fines, serve jail time, wait out a ND driver’s license suspension, complete an alcohol education program, and pay reinstatement fees.

    On this page you’ll find information about the definitions of a DUI in North Dakota, some of the common penalties, and the steps you may need to take to reinstate your driver’s license.

    North Dakota DUI/DWI Definitions

    In North Dakota, you will be arrested for, and possibly convicted of, a DUI if your blood alcohol concentration (BAC) is:

    • 0.08% or more.
    • 0.02% or more, if you are younger than 21 years old.
    • 0.04% or more, if you are driving a commercial vehicle.

    NOTE: Depending on the circumstances of your offense, subsequent arrest, and the discretion of your judge, you may receive a DUI even if your BAC was lower than the legal limits.

    DUI Penalties in North Dakota

    You will receive penalties for a DUI as a result of a court conviction AND through administrative procedures of the North Dakota Department of Transportation (DOT).

    Generally, you will receive higher penalties for high-BAC DUIs and for multiple offenses within a certain time frame. The specific circumstances of your DUI can also lead to higher penalties.

    Below are examples of some of the criminal court and DOT administrative penalties you may face after committing a DUI.

    For a 1st offense, you will likely be charged with a Class B misdemeanor and face:

    • A $500 fine if your BAC is lower than 0.16%.
    • 2 days in jail and a $750 fine if your BAC is 0.16% or more.
    • A driver’s license suspension for 91 days if your BAC was lower than 0.18%.
    • A driver’s license suspension of 180 days if your BAC was 0.18% or higher.

    An addiction evaluation/alcohol education and treatment program.

    For a 2nd DUI offense within 7 years, you may be charged with a Class B misdemeanor and face:

    • 10 days in jail.
    • A $1,500 fine.
    • Mandatory participation in North Dakota’s sobriety program for 1 year.
    • A driver’s license suspension for 365 days, if your BAC was lower than 0.18%.
    • A driver’s license suspension for 2 years, if your BAC was 0.18% or more.
    • Compulsory completion of an addiction evaluation/alcohol education and treatment program.

    For a 3rd DUI offense within 7 years, you will likely be charged with a Class A misdemeanor and face:

    • 120 days in jail.
    • A $2,000 fine.
    • Supervised probation for 1 year.
    • Mandatory participation in North Dakota’s sobriety program for 1 year.
    • A driver’s license suspension for 2 years, if your BAC was lower than 0.18%.
    • A driver’s license suspension for 3 years, if your BAC was 0.18% or more.
    • Compulsory completion of an addiction evaluation/alcohol education and treatment program.

    For a 4th or subsequent DUI offense, you will likely receive a Class C felony and face:

    • 1 year and 1 day in jail.
    • A $2,000 fine.
    • Supervised probation for 2 years.
    • Mandatory participation in the ND sobriety program for 2 years.
    • Compulsory completion of an alcohol addiction evaluation and treatment program.

    If you refuse to submit to a BAC/breathalyzer test when you are arrested on suspicion of a DUI, you may face a driver’s license revocation of 180 days to 3 years.

    Your specific penalties will vary depending on the nature and circumstances of your DUI.

    For more information about North Dakota’s 24/7 sobriety program, please visit the ND attorney general website.

    For more information on the penalties for a DUI in North Dakota, please visit the NDDOT website.

    Reinstating Your ND Driver’s License

    After you’ve completed your court conviction requirements and have waited out the duration of your ND driver’s license suspension, you’ll need to have it reinstated.

    Typically your reinstatement requirements will include:

    • Paying a $100 reinstatement fee.
    • Completion of an alcohol safety, education and treatment program.
    • Filing an SR22 insurance form with the NDDOT.
    • Passing any necessary driver’s license tests.

    For more information about your possible reinstatement requirements, please visit our Suspended License in North Dakota page.

    Compare SR-22 Insurance Rates in 3 Steps

    1. Enter Your Zip:

    Be a Hero
    • 1
    • 2
    • 3
    • 4
    • 5
    • 0

    heroes have registered as organ donors.