Penalties for Driving Under the Influence

Just say "no" to drinking and driving.

Penalties for driving with an alcohol content of .08, up to .17 and .18 or greater:


1st DUI

Up to .17: 91 days' suspension
.18 or greater: 180 days suspension
(in both cases, work permit is possible after 30 days.)
Minimum fine of $250
Mandatory referral to addiction facility for alcohol evaluation
Higher automotive insurance

2nd DUI

Up to .17: 365 days' suspension
.18 or greater: 2 years' suspension
(No work permit in either case.)
Minimum fine $500
5 days' imprisonment or 30 days community service
Mandatory referral to addiction facility for alcohol evaluation

3rd DUI

Up to .17: 2 years' suspension
.18 or greater: 3 years' suspension
Minimum fine $1,000
60 days' imprisonment
Mandatory referral to addiction facility for alcohol evaluation

4th DUI

Suspension period and fine same as 3rd DUI.
Driving privileges restored only after the offender has completed addiction treatment, served minimum suspension and not committed any alcohol-related offenses for at least two consecutive years after treatment
180 days' imprisonment

5th DUI

Class C felony
Maximum fine $5,000
Maximum of 5 years' imprisonment

Additional penalties may include a $100 operator license reinstatement fee, SR-22 filing (high risk insurance), impoundment of the motor vehicle license plates or seizure of the motor vehicle.


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 phoning 911.

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