-
DUI & DWI in North Dakota

- Penalties
- Alcohol Test Refusal
- Insurance and Legal Repercussions
Page OverviewAlmost half of all traffic deaths in North Dakota involve booze. It's a grim statistic that North Dakota authorities are attempting to rectify through stiff driving under the influence (DUI) penalties.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 if you're 17, or two years if you're 18 or older (no work permit allowed for either situation).
- You'll be hit 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.
Other Topics in This Section
Your Opinion Matters To Us!
Send Feedback
We put a lot of effort into making our content helpful & accurate. Please let us know if you see something that isn't clear or correct; we are here to ease any frustrations you may have while navigating DMV topics. We are not a government agency, please reach out to your local DMV, insurance agent, or respective professional for further assistance on specific situations.
