Below are penalties specific to North Dakota for infractions related to impaired driving. These are grouped by initial and subsequent offenses. If you see an impaired driver on the road you can report this to law enforcement by call 911. Remember, North Dakota has zero tolerance for anyone under the age of 21 operating a motor vehicle when blood alcohol measures .02 and above.
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
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
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. Additionally, Criminal Vehicular Injury results in up to five years imprisonment, and Criminal Vehicular Homicide results in up to 20 years imprisonment.
How to Detect an Impaired Driver
If you see an impaired driver, report it to law enforcement by calling 911. Signs of an impaired driver include problems maintaining proper lane position, speed and braking issues, driving in the wrong lane, failure to use headlights at night, failure to signal, and other judgment problems.
