DUI Laws in North Dakota

0.08 for drivers generally; for commercial motor vehicle drivers, a test result of 0.04 or more triggers commercial-license consequences; 0.02 for drivers under 21 (administrative license suspension).

A first offense within seven years is a class B misdemeanor. The sentence must include a fine of at least $500 and an order for an addiction evaluation. If the alcohol concentration was 0.16 or more (an aggravated first offense), the sentence must include a fine of at least $750 and at least two days in jail. The Department suspends the license for 91 days for a test result of 0.08 (0.02 under 21) up to under 0.18, or 180 days for 0.18 or more.

In North Dakota, a 4th or later DUI (or chemical-test refusal) within 15 years is a class C felony. The 1st and 2nd offenses within 7 years are class B misdemeanors, and a 3rd within 7 years is a class A misdemeanor. A DUI that causes another person's death (criminal vehicular homicide) is a class A felony with at least 3 years' imprisonment. A DUI that causes substantial or serious bodily injury (criminal vehicular injury) is a class B felony with at least 1 year and 1 day. DUI with a minor in the vehicle is a class A misdemeanor, but becomes a class C felony if the person has a prior conviction for that offense.

Refusing a chemical test leads to license revocation: 180 days if there is no prior DUI or test-related suspension in the past seven years, two years with one prior, and three years with two or more priors. Refusing a test after being advised of the consequences is also a criminal offense under the DUI statute.

Seven years for second and third offenses (first or second offense within seven years is a class B misdemeanor; a third within seven years is a class A misdemeanor). A fourth or later offense within 15 years is a class C felony.

According to the state's transportation FAQ, non-commercial alcohol violations stay on the North Dakota driving record for 7 years, and disqualifying commercial offenses stay for life. On the criminal record, the court must seal a DUI conviction if the person has no later DUI or other criminal offense within 7 years of the first violation. Sealing does not apply to commercial driver's license holders, and prosecutors can still use the prior offense to enhance a later DUI charge.

For a points suspension, the Department may for good cause issue a temporary restricted license after 7 days of the suspension have passed. After a first DUI or test-related suspension, a temporary restricted license may take effect after 30 days of the suspension (14 days if the person is in the 24/7 sobriety program and has no unrelated suspension).