North Dakota DUI penalties,
by offense and BAC.
This is the complete table of what a North Dakota DUI conviction carries — the mandatory minimums the court must impose, the maximums it can, and the license consequences that run separately through the DOT. Numbers are from the NDDOT and the North Dakota Century Code.
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Your license is on a separate clock. You have 10 days from the date on your Report and Notice to request a DOT hearing, or the suspension takes effect automatically. How the DOT hearing works →
The quick table
| Offense | Class | Min. fine | Min. jail | 24/7 program | Probation | License |
|---|---|---|---|---|---|---|
| 1st | B misd. | $500 (.16+: $750) | None (.16+: 2 days) | — | — | 91 days (.18+: 180) |
| 2nd in 7 yrs | B misd. | $1,500 | 10 days | 360 days | — | 1 yr (.18+: 2 yrs) |
| 3rd in 7 yrs | A misd. | $2,000 | 120 days | 360 days | 360 days | 2 yrs (.18+: 3 yrs) |
| 4th+ in 15 yrs | C felony | $2,000 | 1 yr + 1 day | 2 years | 2 years | Years |
An addiction evaluation is required at every level. Class B misdemeanors carry up to 30 days and $1,500; Class A up to 360 days and $3,000; Class C felonies up to 5 years and $10,000. Judges can go above the minimums.
How North Dakota defines DUI
Under N.D.C.C. § 39-08-01 it is a crime to drive or be in actual physical control of a vehicle with a BAC of .08 or more, or while under the influence of alcohol, any drug, or a combination to a degree that makes you incapable of driving safely. Refusing the chemical test after a lawful arrest is charged under the same statute and punished at the same level.
BAC tiers that change the penalty
- .02 — zero-tolerance license consequence for drivers under 21.
- .04 — DUI threshold while operating a commercial vehicle (CDL holders).
- .08 — per se DUI for everyone.
- .16 — triggers mandatory jail and a higher fine on a first offense.
- .18 — doubles the license suspension length at every offense level.
Aggravated situations
| Situation | Consequence |
|---|---|
| Minor in the vehicle | Up to one year imprisonment and/or $2,000 fine, plus a year on the 24/7 sobriety program (N.D.C.C. § 39-08-01.4) |
| Refusal to submit to chemical test | Criminal charge plus 180-day to 3-year license revocation |
| Criminal vehicular injury | Felony, up to 5 years |
| Criminal vehicular homicide | Felony, up to 20 years |
| DUI while holding a CDL (any vehicle) | 1-year CDL disqualification; lifetime on second |
The license is separate
Suspensions in the tables above are imposed by the NDDOT in an administrative case, not by the criminal court, and they begin whether or not you’ve been to court. You have 10 days from your Report and Notice to request a hearing. How the DOT hearing works.
The 24/7 sobriety program
Required on second and later offenses (and sometimes ordered as a bond condition): twice-daily breath tests at a designated site (remote breath testing is now available in some programs), or a continuous alcohol-monitoring bracelet, at your expense, for the period ordered. A missed or failed test can mean immediate jail.
Costs the statute doesn’t list
Reinstatement fees, evaluation and treatment costs, DUI education, 24/7 program fees, high-risk (SR-22) insurance for several years, possible ignition interlock costs, lost work during jail or suspension, and a criminal record that shows on background checks. For most first offenders the real cost of a conviction is several times the fine.
What changes the outcome
Mandatory minimums only apply to a DUI conviction. The work of a DUI defense is to test whether the state can get one: the stop, the field sobriety tests, the breath or blood test, the implied-consent advisory, and the priors. Where the evidence holds, a reduction to reckless driving avoids the DUI minimums and the DUI record. See our results.
Talk to a North Dakota DUI lawyer now. It’s free.
☎ 701-365-8088Common questions
Are these the maximum penalties?
No, they’re the mandatory minimums plus the classification maximums. Judges sentence within that range based on the facts, your record, and what’s presented at sentencing.
What's the lookback period?
Seven years for second and third offenses; fifteen years for the felony fourth offense. Lookback is measured between offense dates.
Does a reckless-driving reduction still count as a DUI later?
Generally not as a prior DUI for the mandatory-minimum enhancements, which is a big reason the reduction is worth pursuing.
Is the license suspension in addition to the criminal penalties?
Yes. It’s a separate administrative action with its own 10-day deadline to contest.
Charged with DUI in North Dakota? Call now.
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Attorney advertising. Prior results do not guarantee a similar outcome. Penalty figures reflect North Dakota mandatory minimums published by the NDDOT and are subject to change; courts can impose more. This page is general information, not legal advice for your situation, and contacting us does not create an attorney–client relationship until we agree to represent you.