North Dakota · DUI
North Dakota DUI laws and penalties
North Dakota's legal BAC limit is 0.08%. For a first offense, North Dakota's statute provides jail of up to 30 days, a fine of $500 to $1,500, and a license suspension of 91 days. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
North Dakota DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.16%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 7 years
- Prior DUI offenses that count
License hearing: ask within 10 days
In writing to the Department of Transportation within 10 days after the temporary permit is issued; the hearing is held within 30 days of issuance. Count the days with the license-hearing window calculator.Higher BAC level. At 0.16 or more a first offense is "aggravated": at least 2 days in jail and a $750 minimum fine.
Ignition interlock. The director may require a device as a condition of a temporary restricted license.
01Penalties
North Dakota DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 10 days |
| Jail (maximum) | 30 days | 30 days |
| Fine (minimum) | $500 | $1,500 |
| Fine (maximum) | $1,500 | $1,500 |
| License suspension | 91 days | 365 days |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How North Dakota compares
Of the 49 states with a confirmed BAC limit, 48 (North Dakota among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. North Dakota leaves it to the judge.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); North Dakota gives 10.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Minnesota | 0.08% | 60 days | In some cases | Up to 90 days | Up to $1,000 | 30 days minimum on conviction; 90 days minimum if revoked after a failed test |
| Montana | 0.08% | 30 days | At the judge's discretion | Up to 6 months | $600 to $1,000 | 6 months |
| North Dakota (this page) | 0.08% | 10 days | At the judge's discretion | Up to 30 days | $500 to $1,500 | 91 days |
| South Dakota | 0.08% | No fixed deadline | Not required | Up to 1 year | Up to $2,000 | 30 days minimum |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in North Dakota
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
In writing to the Department of Transportation within 10 days after the temporary permit is issued; the hearing is held within 30 days of issuance.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, North Dakota's statute provides jail of up to 30 days, a fine of $500 to $1,500, and a license suspension of 91 days. See the penalties table above.
04Sources
Where North Dakota's figures come from
- N.D. Cent. Code § 39-08-01 (ndlegis.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · Lookback period · First offense: jail, minimum · First offense: fine, minimum · Second offense: jail, minimum · Second offense: fine, minimum · Second offense: fine, maximum
- N.D. Cent. Code §§ 39-20-03.1, 39-20-04.1(1) (ndlegis.gov)BAC limit under 21 · License hearing request · First offense: license · Second offense: license
- N.D. Cent. Code § 39-06.1-11(4) (ndlegis.gov)Ignition interlock, first offense
- N.D. Cent. Code §§ 39-08-01(3), 12.1-32-01(6) (ndlegis.gov)First offense: jail, maximum · First offense: fine, maximum · Second offense: jail, maximum
Show the exact words behind each figureHide the exact words
- Main statute
N.D. Cent. Code § 39-08-01
N.D. Cent. Code § 39-08-01
39-08-01. Persons under the influence of intoxicating liquor or any other drugs or substances not to operate vehicle - Penalty.
- BAC limit, age 21 and over
0.08%
N.D. Cent. Code § 39-08-01(1)(a)(1)
(1) That person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle.
- Higher BAC level
0.16%
N.D. Cent. Code § 39-08-01(5)(a)(2)
(2) In addition, for a first offense when the convicted person has an alcohol concentration of at least sixteen one-hundredths of one percent by weight, the offense is an aggravated first offense and the sentence must include a fine of at least seven hundred fifty dollars and at least two days' imprisonment.
- BAC limit under 21
0.02%
N.D. Cent. Code §§ 39-20-03.1, 39-20-04.1(1)
If a person submits to a test under section 39-20-01 or 39-20-02 and the test shows that person to have an alcohol concentration of at least eight one-hundredths of one percent by weight or, with respect to a person under twenty-one years of age, an alcohol concentration of at least two one-hundredths of one percent by weight
- Lookback period
7 years
N.D. Cent. Code § 39-08-01(3)
3. An individual violating this section or equivalent ordinance is guilty of a class B misdemeanor for the first or second offense in a seven-year period, of a class A misdemeanor for a third offense in a seven-year period, and of a class C felony for any fourth or subsequent offense within a fifteen-year period.
- License hearing request
10 days
N.D. Cent. Code § 39-20-05(1)
the director shall afford that person an opportunity for a hearing if the person mails or communicates by other means authorized by the director a request for the hearing to the director within ten days after the date of issuance of the temporary operator's permit.
- Ignition interlock, first offense
At the judge's discretion
N.D. Cent. Code § 39-06.1-11(4)
The director may require an ignition interlock device be installed in the offender's vehicle and may require the applicant to submit proof of attendance at a driver training course approved by the director.
- First offense: jail, minimum
None
N.D. Cent. Code § 39-08-01(5)(a)(1)-(2)
(1) For a first offense, the sentence must include both a fine of at least five hundred dollars and an order for addiction evaluation by an appropriate licensed addiction treatment program.
- First offense: jail, maximum
30 days
N.D. Cent. Code §§ 39-08-01(3), 12.1-32-01(6)
Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a fine of one thousand five hundred dollars, or both, may be imposed.
- First offense: fine, minimum
$500
N.D. Cent. Code § 39-08-01(5)(a)(1)
(1) For a first offense, the sentence must include both a fine of at least five hundred dollars and an order for addiction evaluation by an appropriate licensed addiction treatment program.
- First offense: fine, maximum
$1,500
N.D. Cent. Code §§ 39-08-01(3), 12.1-32-01(6)
Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a fine of one thousand five hundred dollars, or both, may be imposed.
- First offense: license
91 days
N.D. Cent. Code § 39-20-04.1(1)(a)
For ninety-one days if the person's driving record shows that, within the seven years preceding the date of the arrest, the person has not previously violated section 39-08-01 or equivalent ordinance or the person's operator's license has not previously been suspended or revoked under this chapter
- Second offense: jail, minimum
10 days
N.D. Cent. Code § 39-08-01(5)(b)
b. For a second offense within seven years, the sentence must include at least ten days' imprisonment, of which forty-eight hours must be served consecutively; a fine of one thousand five hundred dollars;
- Second offense: jail, maximum
30 days
N.D. Cent. Code §§ 39-08-01(3), 12.1-32-01(6)
Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a fine of one thousand five hundred dollars, or both, may be imposed.
- Second offense: fine, minimum
$1,500
N.D. Cent. Code § 39-08-01(5)(b)
b. For a second offense within seven years, the sentence must include at least ten days' imprisonment, of which forty-eight hours must be served consecutively; a fine of one thousand five hundred dollars;
- Second offense: fine, maximum
$1,500
N.D. Cent. Code § 39-08-01(5)(b)
Same passage as above.
- Second offense: license
365 days
N.D. Cent. Code § 39-20-04.1(1)(c)
For three hundred sixty-five days if the person's driving record shows that, within the seven years preceding the date of the arrest, the person has once previously violated section 39-08-01 or equivalent ordinance or the person's operator's license has once previously been suspended or revoked under this chapter
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.