North Dakota DUI Laws & Penalties

North Dakota Drunk Driving Laws Explained in Easy to Understand Simple Terms

If you are facing a North Dakota DUI case, you are actually facing two separate actions against you. First you will need to attend an administrative driver’s license suspension hearing (or have your lawyer attend it on your behalf). This hearing is an attempt to defend your driving privileges within the state of North Dakota. In addition, you will have to attend a court case to decide the criminal aspects of your case where jail, fines and other punishments are possible.

Facing a North Dakota DUI?  Here’s What You Need To Do

The first thing you should do after being arrested for a North Dakota DUI is contact a qualified DUI defense lawyer. A DUI defense lawyer will help you to protect your right to drive and keep you at of jail if possible. This is particularly important if you want to request a temporary or restricted license as these DMV administrative hearings are very difficult to face on your own. 

A good DUI defense lawyer will help you to get the least possible sentence, no matter how you are being prosecuted. You can be prosecuted based on the per se law, which says that whether or not you are driving hazardously, you can be arrested if your blood alcohol content is .08% or higher. The other way you can be convicted is through the officer’s observation of your driving pattern, your physical appearance, as well as whether or not you passed the field sobriety test. 

If you refuse to have your blood alcohol tested when arrested, you will suffer an automatic drivers license suspension due to the implied consent law.

North Dakota First Offense DUI Penalties

  • A first offense DUI is a class B misdemeanor
  • Fines of $250 to $500
  • Up to 30 days in jail
  • Up to a 90 day driver’s license suspension
  • Mandated treatment and DUI education class

North Dakota Second Offense DUI Penalties

  • Class B misdemeanor if within 5 years of first offense
  • Minimum of $500 in fines
  • Jail time of 2 days to 30 days (48 hours must be serviced consecutively or 30 days of community service)
  • Alcohol treatment programs
  • Drivers license suspension for 1 year
  • Vehicle seizure possible
  • Ignition interlock system may be required

North Dakota Third Offense DUI Penalties

  • Class A misdemeanor if within 5 years of a second offense
  • Jail time of 60 days to 1 year (48 hours must be serviced consecutively)
  • Addiction, alcohol education and counseling
  • Minimum of $1,000 in fines
  • Drivers license suspension for 2 years
  • Ignition interlock system maybe required

North Dakota BAC Assumptions

  • BAC levels of .001 to .05 are not considered to be under the influence.
  • BAC levels of .051 to .099 is considered evidence, but not admissible.
  • BAC levels of .10 or greater are considered to be under the influence.

North Dakota Implied Consent Law

  • Chemical testing is allowed for blood, breath, urine or saliva to be selected by the officer.
  • The officer is required to advise the defendant of the penalties they may face for test refusal.
  • Test results of .10 or greater result in a 90 day to 2 year license suspension.
  • Test refusal results in an immediate license seizure, a 1 to 3 year license suspension and is admissible in court.

North Dakota DUI Chemical Testing

  • Chemical tests are admissible in court as long as they were performed by a certified person in accordance with methods and devices approved by the State Toxicologist.
  • Blood draws for police testing must be performed by a licensed physician, registered nurse or other qualified person.
  • The defendant has the right to have an independent chemical test done by a qualified person of their choice. The costs associated with the independent test are the defendant’s responsibility.
  • Test results must be made available to the defendant and their North Dakota DUI attorney upon request.

North Dakota SR22 Insurance

SR22 insurance is required in the state of North Dakota after a DUI conviction.  This type of insurance is classified as ‘high risk’ meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk.  This can get very expensive if you sign up for one of these policies with the wrong company.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of North Dakota and has worked out a special discount only available here to our website visitors.

You won’t be able to find a cheaper SR22 insurance policy in North Dakota for any less. 

Additional North Dakota DUI Resources