North Dakota DUI 101

North Dakota DUI Levels:

North Dakota DUI laws recognize the following blood alcohol limits for drivers:

  • Drivers 21 years of age or older are under the influence if their blood alcohol level is .08 or greater.
  • Commercial drivers and school bus drivers are under the influence at a blood alcohol level of .04
  • Drivers under 21 years of age are considered under the influence if their blood alcohol level is .02 or higher.

DUI Offense Penalties:

On the first offense, if the driver’s blood alcohol level was .17 or lower, a 91-day license suspension will be enforced. If the driver’s blood alcohol level was .18 or higher, the suspension is extended to 180 days. In either case, a fine of at least $250 also will be enforced, along with higher automotive insurance premiums.

On the second offense, a driver will face a 365-day license suspension if his blood alcohol level is .17 or less. If the driver’s blood alcohol level is .18 or higher, the suspension will be two years. A fine of at least $500 will be included in the penalty, as well as five days in jail or 30 days participation in community service.

A third DUI offense is punishable by a two-year license suspension if the driver’s blood alcohol level was .17 or less. An alcohol level of .18 or more results in a three-year suspension. A fine of at least $1,000 and 60 days in jail are also enforced.

A fourth offense follows the same license suspension and fines as the previous offense; however, 180 days of jail time are added. In addition, the offender may only drive after undergoing alcohol addiction treatment and maintaining a clean record for two years after the treatment is completed.

An additional offense is a “Class C” felony and incurs five years in prison and a fine of up to $5,000.

While these are the typical penalties, offenders may also face a $100 license reinstatement fee and loss of vehicle or license plates. If drunk driving leads to the injury or death of another motorist, pedestrian or passenger, additional consequences, including a prison term, may be enforced. Additional penalties also are enforced if the drunk driver was accompanied by a minor.

Restricted Licenses:

Restricted licenses are available for drivers who have had their licenses suspended. These licenses allow for operation of a vehicle under certain circumstances, such as when traveling to and from work or school. Convicted drivers must first obtain a letter of recommendation from the court, remain conviction-free for at least a year, and be enrolled in a DUI program before a restricted license is available. Visit the North Dakota Department of Transportation for more information. An application form is also available.

DUI Program:

A court order may force North Dakota DUI offenders to attend DUI programs. The price of these 16-hour programs may vary; however, the fee will be at the attendee’s expense. The North Dakota website features an informative document on Licensed 16-Hour DUI Seminar Programs.