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North Dakota DUI Laws

In the state of North Dakota you will be charged with Driving While Intoxicated (DWI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First North Dakota DWI Offense

  • 91-day license suspension if BAC is 0.08% to 0.17%
  • 108-day license suspension if BAC is 0.18% and above
  • Minimum $250 fine
  • Possible hardship license after 30 days
  • Mandatory alcohol evaluation

Second North Dakota DWI Offense
  • 5 days imprisonment or 30 days community service
  • 1-year license suspension if BAC is 0.08% to 0.17%
  • 2-year license suspension if BAC is 0.18% and above
  • Minimum $500 fine
  • No hardship license
  • Mandatory alcohol evaluation

Third North Dakota DWI Offense
  • 60 days imprisonment
  • 2-year license suspension if BAC is 0.08% to 0.17%
  • 3-year license suspension if BAC is 0.18% and above
  • Minimum $1000 fine
  • No hardship license
  • Mandatory alcohol evaluation

Fourth North Dakota DWI Offense
  • 180 days imprisonment
  • 2-year license suspension if BAC is 0.08% to 0.17%
  • 3-year license suspension if BAC is 0.18% and above
  • Minimum $1000 fine
  • No hardship license
  • Mandatory addiction treatment

Fifth North Dakota DWI Offense
  • Class “C” felony
  • 5 years imprisonment
  • Minimum $1000 fine

North Dakota’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license will be suspended and you will be issued a 25-day permit upon which a hearing will determine if you lose your license for a year. Pleading guilty will avert this fate and you will be eligible for a restricted license after 30 days however, you will not be eligible for a restricted license if your license is suspended due to a refusal.