North Dakota DUI Laws and Penalties
Explained
Handling a DUI (Driving Under the Influence) charge in North Dakota requires complete knowledge of the state's DUI laws and penalties to effectively navigate your legal proceedings.
North Dakota DUI laws are strict, with harsh consequences for those found guilty, including monetary penalties, license suspension, and potential jail time. This overview provides thorough information about DUI penalties in North Dakota to help you stay well-informed and prepared.
An Overview of North Dakota DUI Laws
North Dakota DUI laws are governed by N.D.C.C. § 39-08-01, which makes it unlawful to operate or maintain actual physical control of a motor vehicle while under the influence of alcohol or controlled substances. The state enforces tough penalties for DUI violations, with consequences that escalate substantially for repeat violators.
Under North Dakota law, DUI (Driving Under the Influence) of alcoholic beverages, chemical substances, or controlled substances is one offense, established by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of 0.08 or above.
North Dakota operates under an "implied consent" law, meaning that by driving on North Dakota roads, you automatically consent to chemical testing if lawfully arrested for DUI. Refusing to submit to testing results in automatic license suspension and can be used as evidence against you in court.
An Overview of North Dakota DUI Penalties
Under North Dakota law (N.D.C.C. § 39-08-01), DUI penalties can include substantial fines, potential jail time, license suspension, and the installation of an ignition interlock device, with the severity depending on your history and specific circumstances.
These consequences can have a lasting impact on your driving privileges, employment opportunities, and financial well-being. Whether you're seeking general information or facing DUI charges, it's crucial to understand North Dakota's strict laws and the escalating penalties that accompany each offense.
Specific Penalties for a DUI in North Dakota
North Dakota DUI Fine Schedule
In North Dakota, DUI fines escalate with each offense. The penalties are significantly higher if your blood alcohol level is 0.18 or above or if a child was in the car at the time of arrest. These circumstances are considered particularly dangerous.
The state uses financial penalties to emphasize the gravity of impaired driving. Repeat offenders face substantially higher fines as a method to discourage patterns of dangerous behavior and protect public safety.
First Conviction
Second Conviction
Third Conviction
Fourth+ Conviction
North Dakota Imprisonment Terms
North Dakota imposes harsher jail sentences for each DUI conviction. A first offense may result in up to one year of jail time, but higher blood alcohol levels or aggravating factors can increase that penalty.
Repeat offenses lead to mandatory minimum jail stays. The law also requires some jail time to be served consecutively to ensure the offender cannot easily circumvent the sentence.
First Conviction
- Up to 30 days imprisonment
- Enhanced penalties for high BAC
Second Conviction
- 10 days to 1 year imprisonment
- Enhanced penalties for repeat offense
Third Conviction
- 30 days to 1 year imprisonment
- Felony charges possible
Fourth+ Conviction
- Felony: 1 to 5 years imprisonment
- Habitual offender classification possible
North Dakota Vehicle Impoundment/Immobilization
North Dakota law may require the offender's vehicle to be impounded after certain DUI convictions. The duration depends on the specific circumstances and prior offenses.
This penalty serves as a deterrent by limiting the offender's immediate ability to drive again. Vehicle impoundment or forfeiture may be ordered, especially for repeat offenders or when the vehicle was used in commission of the offense.
Unless the family has no other transportation:
North Dakota Driver License Revocation Periods
Losing your driver's license in North Dakota after a DUI is standard, and the duration depends on the specifics of the offense. First offenses typically result in a suspension that lasts 90 days, but that time increases significantly for repeat offenses.
Multiple offenses lead to much longer revocations. After a fourth conviction, the state revokes your license for five years. In some cases, you may apply for limited driving privileges after serving a minimum period, but this is not guaranteed.
First Offense
- • 91 days suspension
- • Enhanced: Test refusal: 180 days suspension
Second Offense
- • 365 days suspension
- • Enhanced: Test refusal: 2 years suspension
Third Offense
- • 2 years suspension
- • Enhanced: Test refusal: 3 years suspension
Fourth+ Offense
- • 3 years to lifetime revocation
- • Enhanced: Test refusal: Lifetime revocation
Serious DUI Offenses in North Dakota
North Dakota treats DUI-related fatalities as serious felonies. DUI manslaughter can carry up to 15 years in prison and a substantial fine. If the driver flees the scene, the charge becomes even more severe.
Vehicular homicide follows a similar pattern. These cases demonstrate how North Dakota distinguishes common DUI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by one reckless decision.
DUI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
North Dakota Ignition Interlock Law and Device Guidelines
North Dakota law mandates ignition interlock devices for certain DUI convictions. The requirements vary based on the offense level and blood alcohol content at the time of arrest. First-time offenders with a BAL of 0.18 or higher must install an ignition interlock device for one year, while those with lower BAC levels require six months.
Repeat offenders face mandatory ignition interlock requirements ranging from two to four years, depending on their BAL and conviction history. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.
All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.
For complete statutory language and the most current information, please refer to:
N.D.C.C. § 39-08-01North Dakota Department of Transportation
About Low Cost Interlock
Low Cost Interlock is a premiere provider of ignition interlock devices in North Dakota. Our ignition interlock services are designed to make the ignition interlock program easy and convenient for you, ensuring that you complete your interlock obligations without hassle. Our system has been tested to ensure reliability in an affordable, easy-to-use design.
