North Dakota First Offense DUI

North Dakota First Offense Laws Explained in Easy to Understand Simple Terms

If you are arrested for a DUI, it will be considered your first offense if you have not been arrested for another alcohol-related driving offense in the past 5 years. As a first time offender, you will face both administrative penalties and court penalties. While these are entirely separate proceedings, your driving privileges may be suspended by either or both entities.

North Dakota has an implied consent law, which means that if you drive in North Dakota, you are agreeing to consent to a blood, breath, urine, and/or saliva test if asked to do so by law enforcement. Refusing to submit to a breathalyzer, for example, is a crime in North Dakota.

North Dakota DUI law is complicated, and you do not want to try to go it alone, especially if this is only your first offense. If you, or someone you know, have been arrested for a DUI, the first thing you should do is contact a qualified and experienced North Dakota DUI lawyer. DUI lawyers know all the ins and outs of the law, and will put their expertise to work for you. This can take most of your stress off your shoulders.

North Dakota First Offense DUI Penalties

If this was your first offense DUI, and your blood alcohol content (BAC) was less than 0.18, you face the following consequences:

  • 91 day driver’s license suspension
  • $250 minimum fine
  • Impoundment of license plates and vehicle registration or seizure of vehicle
  • Alcohol evaluation and treatment
  • $100 driver’s license reinstatement fee

Before the DMV will reinstate your driver’s license you will be required to file an SR22 with them. 

If your BAC was 0.18 or higher, your driver’s license will be suspended for 180 days.

If your DUI incident resulted in serious injury to another, you could face 90 days in jail.

North Dakota Work Permits

If this is your first offense DUI, you may qualify for a temporary restricted license, also known as a “work permit”.

A work permit can allow you to drive during one 12 hour frame of time each day, in order to get to work and back. If other important appointments, e.g., alcohol treatment, fall outside of these hours, you will need to find alternative transportation.

Alternatively, you can request permission to drive for 2 days per week for life maintenance needs, or 3 days per week to look for a job.

In order to qualify for a temporary restricted license, you first need to:

  • Serve at least 30 days of your suspension.
  • Pay your reinstatement fee.
  • Purchase SR22 insurance.
  • Complete alcohol evaluation and program enrollment.
  • There may also be an ignition interlock requirement attached to your temporary restricted license.

North Dakota SR22 Insurance

In North Dakota, DUI offenders are required to carry a special kind of auto insurance, known as SR22 insurance. When you purchase an SR22 policy, your insurance company will file an SR22 form with the State, which proves that you, as a high-risk driver, are fully insured.

Additional North Dakota DUI Resources