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Penalties for Driving Under the Influence

North Dakota Penalties for Driving Impaired:

1st Offense

  • Class B misdemeanor
  • $500 fine if below .16 blood alcohol concentration (BAC)
  • Two days imprisonment and $750 fine if BAC .16 or greater
  • 91 day suspension if below .18 BAC
  • 180 day suspension if .18 BAC or greater
  • Addiction evaluation

2nd Offense in 7 years

  • Class B misdemeanor
  • Ten days imprisonment and $1,500 fine
  • 360 days' participation in the 24/7 program
  • 365 day suspension if below .18 BAC
  • Two year suspension if .18 BAC or greater
  • Addiction evaluation

Other Possible Penalties:

Penalty for a DUI with a minor in the vehicle is up to one year imprisonment and/or a $2,000 fine.

Refusal to submit to a chemical test as required by law may be considered a crime and may result in revocation of your driving privileges for 180 days to 3 years.

Criminal Vehicular Injury results in up to five years imprisonment.

Criminal Vehicular Homicide results in up to 20 years imprisonment.

3rd Offense in 7 years

  • Class A misdemeanor
  • 120 days imprisonment and $2,000 fine
  • 360 days' participation in the 24/7 program
  • 360 days' supervised probation
  • Two year suspension if below .18 BAC
  • Three year suspension if .18 BAC or greater
  • Addiction evaluation

4th and Subsequent Offenses in 15 years

  • Class C felony
  • One year and one day imprisonment and $2,000 fine
  • Two years' participation in 24/7 program
  • Two years' supervised probation
  • Addiction evaluation

Tips for detecting impaired drivers:

  • Problems maintaining proper lane position
  • Speed and braking problems
  • Driving in wrong lane
  • Driving without lights at night
  • Failure to signal
  • Judgment problems

Links:

North Dakota has a zero tolerance for anyone under the age of 21 operating a motor vehicle when blood alcohol measures .02 and above.

If you see an impaired driver on the road you can report this to law enforcement by call 9-1-1.

Penalty for drinking and driving