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North Dakota DUI Law

It is illegal to drive or be in actual physical control of a vehicle on a North Dakota highway with a BAC of .08 or greater or while under the influence of alcohol and/or drugs.

Penalties

First Offense:

The first offense is a class B misdemeanor. This is punishable by a minimum fine of $250 and an order for addiction evaluation by a licensed addiction treatment program.

Second Offense in Five Years:

The second offense is a class B misdemeanor. The second offense is punishable by a fine of at least $500, an order for addiction evaluation by a licensed addiction treatment program, and a minimum of five (5) days in prison, forty-eight (48) hours of which must be served consecutively. In lieu of jail time the court may impose 30 days of community service.

Third Offense in Five Years:

The third offense is a class A misdemeanor. The third offense is punishable by at least sixty (60) days in jail, forty-eight (48) hours of which must be served consecutively, an order for addiction evaluation by a licensed addiction treatment program, and a fine of $1,000.

Fourth Offense in Seven Years:

The fourth offense is a class A misdemeanor. The fourth offense is punished by a fine of $1,000, an order for addiction evaluation by a licensed addiction treatment program, and at least 180 days in jail.

Fifth & Subsequent Offenses within Seven Years:

The fifth and subsequent offenses are class C felonies. All subsequent offenses are punished by a fine of $1,000, an order for addiction evaluation by a licensed addiction treatment program, and at least 180 days in jail.

Special Punishment for Causing Injury or Death

If you drive while intoxicated and cause the injury or death of another the sentence is automatically increased to at least one year in prison and must be served in its entirety, without benefit of parole or pardon.

Refusal to Submit to Chemical Testing

A person who refuses to submit to chemical testing to determine their BAC level will have their driver’s license immediately seized by the arresting officer. After an administrative hearing to determine the validity of the taking, the license will be revoked for at least a year. If the driver’s license had previously been suspended in the last five years, the period of revocation increases to three years. If the driver has had his license suspended twice in the last five years, the period of revocation increases to four years.

Plate Impoundment

On the second and subsequent offenses in a five year period, the court will order the impoundment of the license plates of all vehicles owned and operated by the offender.