North Dakota DUI laws dictate that persons under the age of 21 with a BAC of .02 percent or greater, persons older than 21 with a BAC of .08 percent or greater and commercial drivers with a BAC of .04 percent or greater may be charged with DUI. Like other states, North Dakota has an implied consent law that dictates that anyone who drives on its roads and is suspected of driving under the influence agrees to a chemical test of his or her blood, urine or breath.
North Dakota laws also provide for one to plea bargain on a DUI charge and have the charge reduced to reckless driving involving alcohol, which is also known as “wet reckless.”
North Dakota DUI Laws Governing 1st Offenses
The minimum fine for a first offense is $250, and there is no minimum jail term for a first offense, but a license suspension is imposed based on one’s BAC. If one’s BAC is .17 percent or less, his or her license suspension is for 91 days. If one’s BAC is greater than 0.17 percent, this is considered an aggravated DUI, so the license suspension period will be 108 days.
Convicted drivers are subjected to a mandatory alcohol evaluation as well, and they may receive a restricted license and apply for a work permit 30 days after their trial.
The penalty for refusal to consent to a chemical test, according to North Dakota DUI laws, on a first offense is a one-year license suspension. If one’s license is suspended for refusal to consent, he or she is not eligible for a restricted license.
North Dakota’s 24/7 Sobriety Program
North Dakota’s 24/7 Sobriety Program was implemented in select jurisdictions Jan. 1, 2008, and by August 2010, it had expanded statewide. Enrollment in the program is required for anyone convicted of a second or subsequent DUI that occurred on or after the date upon which the program went into force. It requires these individuals to abstain from alcohol use and submit to mandatory breath alcohol tests at a designated location twice a day. They pay $1.00 for each test.
Should any of the tests reveal the presence of any alcohol in one’s system, he or she is immediately taken into custody. The North Dakota Attorney General reports that more than 98 percent of those placed in the program pass all of the tests and thus successfully complete the program.
North Dakota’s Lookback Period and Felony DUI
After a first DUI conviction, the state considers all other offenses within a certain timeframe known as the “lookback period” when weighing the severity of penalties. The lookback period for second and third offenses is five years in North Dakota while the lookback period for fourth and subsequent offenses is seven years.
A driver convicted of a fifth offense is guilty of a Class C felony. The maximum fine for a fifth offense is $5,000, and the maximum prison term is five years.
Recent Changes to North Dakota DUI Laws
In April 2013, North Dakota’s governor signed House Bill 1302, which made several comprehensive changes to existing laws, and it took effect July 1, 2013. The bill significantly increased the duration of mandatory sentences for individuals convicted of multiple DUIs and assigned two classes of felony offenses, Class A and Class C, to drivers who cause another person’s death during a DUI-related incident or causes serious injury, respectively.
The bill also created a new charge of aggravated DUI for first-time offenders whose BAC exceeds .16 percent, and individuals convicted of multiple DUI offenses were required to enroll in the state’s 24/7 Sobriety program as well. $360,000 was also allocated for DUI education outreach statewide.
What Is The Legal Alcohol Limit In North Dakota?
Drivers over 21 in passenger vehicles on North Dakota roadways are subject to an alcohol limit of .08 percent. Anyone with a blood alcohol concentration (BAC) at this level can be charged with DUI. Commercial vehicle operators must adhere to a stricter BAC of .04 percent, and drivers not of legal drinking age can be charged with a BAC of .02 percent.
Penalties for a first-time misdemeanor DUI offense in North Dakota may include:
- A conviction with a BAC below .16 percent results in a fine of $500; an offense with a BAC of .16 percent or higher can yield a fine of $750.
- If a BAC is .16 percent or greater, a person may have to serve two days in jail.
- A person will have to undergo evaluation for addiction.
- For a person with a BAC below .18 percent, a license suspension of 91 days may be levied.
- A person with a BAC of .18 percent or higher is subject to a license suspension of 180 days.
Penalties for a second or subsequent offense are more serious than a first-time offense. Additional aggravating factors can lead to enhanced penalties. For example, charges involving an injury to another driver are likely to trigger harsher punishment.
Ignition Interlock Requirements In North Dakota
In addition to the potential for jail time, fines and a license suspension, a person who is convicted of driving under the influence may also be required to install an ignition interlock device (IID).
North Dakota law states:
- Determinations about IID use are at the discretion of a judge.
- Installation may be required for a person to regain driving privileges.
- Costs associated with IID use are the responsibility of the person convicted
Generally, it’s more likely that an individual with multiple convictions or an aggravated offense will be required to use an ignition interlock device.
North Dakota DUI Penalties
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.