Return to Criminal Law

DUI in North Dakota

DUI (Driving Under the Influence) cases in North Dakota have a civil component and a criminal component. The civil component of the case is the administrative hearing – the proceeding in which the North Dakota Department of Transportation (DOT) is attempting to suspend or revoke your North Dakota driving privileges. The criminal component of the case can result in a criminal record, jail time, fines, and court costs.

There are further issues that arise for those carrying a commercial drivers license (CDL), for those driving a commercial vehicle under the influence of alcohol, and for those under the ages of 18 and 21. Please contact your attorney to learn more about these specific issues.

There are several collateral consequences of a DUI conviction. Admissibility to certain countries, like Canada, may be prohibited for those convicted of a DUI. The Federal Aviation Administration may take adverse action against a licensed pilot as a result of either a conviction or administrative license suspension resulting from a DUI.

Criminal Component

A person is guilty of DUI if that person drives or is in actual physical control of a vehicle upon a highway or upon areas the public has access to if any of the following apply:

• That person has an alcohol concentration of at least .08%;
• That person is under the influence of intoxicating liquor;
• That person is under the influence of any drug or substance or combination thereof to a degree that renders that person incapable of safely driving; or
• That person is under the influence of a combination of drugs, substances, or alcohol to a degree that renders that person incapable of safely driving.

• 1st offense and 2nd offense DUI within 5 years are Class B Misdemeanors
• 3rd offense within 5 years and 4th offense within 7 years are Class A Misdemeanors
• 5th or more offenses within 7 years is a Class C Felony

Potential criminal penalties

• 1st offense
  • $250 mandatory fine, with a potential $1,000 fine
  • $225 court costs (plus customary $25 victim witness fee)
  • 30 days in jail
  • mandatory addiction evaluation
• 2nd offense within 5 years
  • $500 mandatory fine, with a potential $1,000 fine
  • $225 court costs (plus customary $25 victim witness fee)
  • 30 days in jail, with 5 days mandatory jail time, of which 48 hours must be served consecutively (or 30 days of community service)
  • mandatory addiction evaluation
  • mandatory surrendering of license plates unless undue hardship is shown
  • forfeiture of motor vehicle and/or installation of ignition interlock device
• 3rd offense within 5 years
  • $1,000 mandatory fine, with a potential $2,000 fine
  • $300 court costs (plus customary $25 victim witness fee)
  • 1 year in jail, with 60 days mandatory jail time, of which 48 hours must be served consecutively
  • mandatory addiction evaluation
  • mandatory surrendering of license plates unless undue hardship is shown
  • forfeiture of motor vehicle and/or installation of ignition interlock device
• 4th offense within 7 years
  • $1,000 mandatory fine, with a potential $2,000 fine
  • $300 court costs (plus customary $25 victim witness fee)
  • 1 year in jail, with 180 days mandatory jail time, of which 48 hours must be served consecutively
  • mandatory addiction evaluation
  • mandatory surrendering of license plates unless undue hardship is shown
  • forfeiture of motor vehicle and/or installation of ignition interlock device
• 5th or more offenses within 7 years
  • $1,000 mandatory fine, with a potential $5,000 fine
  • $500 court costs (plus customary $25 victim witness fee)
  • 5 years in jail, with 180 days mandatory jail time, of which 48 hours must be served consecutively
  • mandatory addiction evaluation
  • mandatory surrendering of license plates unless undue hardship is shown
  • forfeiture of motor vehicle and/or installation of ignition interlock device