Drunk Driving Defense Law in North Dakota

The penalties for drunk driving in North Dakota vary depending on whether it is your first DUI or your fourth. Not only will the charge be different, you could spend up to a year and one day in jail if convicted of a fourth or subsequent offense.

Should you refuse to submit to a test of your breath, blood or urine, your driving privileges will be revoked for at least 180 days and as long as three years.

What Are the Penalties for a First Time DUI Conviction in North Dakota?

If you are convicted of a first-time DUI in North Dakota, you will face the following penalties:

  • The charge will be a Class B misdemeanor.
  • If the results of your blood alcohol concentration test are below .16 percent, then you will have a $500 fine. If the results are .16 percent or higher, the fine is $750.
  • Two days in jail if your BAC was .16 or higher.
  • Evaluation for addiction.
  • Suspension of driving privileges for 91 days if your BAC was below .18 percent. If your BAC was .18 percent or higher, the suspension will be for 180 days.

Additional penalties might include an SR-22 filing, which is required for high risk insurance, a driver’s license reinstatement fee of $100 and the possible seizure of your motor vehicle or impoundment of your motor vehicle’s license plates.

What Are the Penalties for a Second Conviction for DUI in North Dakota?

If you are convicted of DUI for a second time in seven years in North Dakota, you will face the following penalties:

  • The charge will be a Class B misdemeanor.
  • A fine of $1,500.
  • Ten days in jail.
  • Evaluation for addiction.
  • A year in the 24/7 program. This program allows judges to require people to submit two alcohol breath tests each day.
  • Suspension of driving privileges for 365 days if your BAC was below .18 percent. If your BAC was .18 percent or higher, the suspension will be for two years.

What Are the Penalties for a Third Conviction for DUI in North Dakota?

Should you be convicted of a third DUI in seven years in North Dakota, you’ll face the following penalties:

  • The charge will be a Class A misdemeanor.
  • A fine of $2,000.
  • Six months in jail.
  • Evaluation for addiction.
  • Supervised probation for one year.
  • A year in the 24/7 program.
  • Suspension of driving privileges for two years if your BAC was under .18 percent. If your BAC was .18 percent or higher, the suspension will be for three years.

What Are the Penalties for a Fourth or Subsequent Conviction for DUI in North Dakota?

A conviction for your fourth or subsequent DUI will result in the most severe penalties, including:

  • The charge will be a Class C Felony.
  • A fine of $2,000.
  • Imprisonment for one year and one day.
  • Evaluation for addiction.
  • Supervised probation for two years.
  • Two years in the 24/7 program.

The Value of a DUI Attorney

As you can see the penalties for DUI in North Dakota can be severe. That’s why it is important to understand how valuable the advice and guidance of an experienced attorney can be. By building a strong defense against the charges, you will have a better chance at a positive outcome.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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