In North Dakota, anyone found to be driving with a blood alcohol concentration of .08 percent or higher is considered to be “per se” intoxicated. This means that people may face North Dakota DUI penalties even if they did not exhibit signs of intoxication or impaired driving. Individuals younger than 21 years old can be charged with a DUI if they have a BAC of .02 percent or greater, and commercial drivers will face charges with a BAC at or above .04 percent. Recent changes to the law have stiffened penalties for those found to have a BAC that exceeds .17 percent.
Every North Dakota DUI conviction mandates that an individual go through an addiction evaluation. Additionally, the DMV requires that individuals provide an SR-22 insurance form and pay a fee of $100 to reinstate a suspended license.
1st DUI Conviction Penalties
Individuals with a BAC between .08 and .17 percent will face a fine of $500. Their license will be suspended for 91 days, but after the first 30 days, they may be eligible for a limited work license. If someone’s BAC was .18 percent or higher, they will be sentenced to two days in jail, be assessed a fine of $750 and their license will be suspended for 180 days.
Driving while intoxicated with a child under the age of 18 will increase North Dakota DUI penalties for a first conviction to a $2,000 fine and up to one year in jail. If individuals are charged with a DUI with minor in the car a second time, they will face felony charges.
2nd DUI Conviction Penalties
If someone is convicted of a DUI for the second time during the state’s look-back period of seven years, recently increased from five years, he or she will be fined $1,500 and spend 10 days in jail. North Dakota DUI penalties also mandate that those convicted participate for one year in the state’s 24/7 Sobriety Program, which requires convicted individuals to show up twice a day for alcohol testing. For those with a BAC under .18, their license will be suspended for one year while those with a BAC at or above .18 will face a two-year suspension.
3rd DUI Conviction Penalties
A third conviction will require an individual to spend 120 days in jail. The court will also levy a $2,000 fine and require that the person spend a year in the 24/7 Sobriety Program in addition to supervised probation for a year. License suspension will last for two years if an individual had a BAC between .08 and .17, and it will last for three years for those with a BAC at or above .18.
4th DUI Conviction Penalties
The first three times someone is convicted of a DUI, they are misdemeanor charges, but the fourth conviction is considered a Class C felony in North Dakota. Those convicted will spend 366 days in jail and be fined $2,000. Two years of participation in the 24/7 Sobriety Program as well as two years of supervised probation are also mandatory. Individuals whose BAC registered below .17 percent will have their license suspended for two years, and those with a BAC above .17 will face a three-year suspension.