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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.
Ignition interlock at the judge's discretion

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.

North Dakota sets a $500 minimum fine and no minimum jail for a standard first offense (class B misdemeanor); BAC 0.16+ is an 'aggravated first offense' (fine at least $750, at least 2 days' imprisonment). The license figures are the administrative suspensions under chapter 39-20, which run separately from the criminal case; the driver has 10 days to request the hearing.

01Penalties

North Dakota DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).
North Dakota statutory DUI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)None10 days
Jail (maximum)30 days30 days
Fine (minimum)$500$1,500
Fine (maximum)$1,500$1,500
License suspension91 days365 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.

North Dakota and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Minnesota0.08%60 daysIn some casesUp to 90 daysUp to $1,00030 days minimum on conviction; 90 days minimum if revoked after a failed test
Montana0.08%30 daysAt the judge's discretionUp to 6 months$600 to $1,0006 months
North Dakota (this page)0.08%10 daysAt the judge's discretionUp to 30 days$500 to $1,50091 days
South Dakota0.08%No fixed deadlineNot requiredUp to 1 yearUp to $2,00030 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

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. 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.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. 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.

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. 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.

  6. 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

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
Show the exact words behind each figure
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

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.