DUI In North Dakota

Serving Clients In Fargo, Bismarck, Grand Forks And All Of North Dakota

A person commits the offense of driving under the influence ("DUI") if that person drives or is in actual physical control of a vehicle upon a highway or area the public has access to if any of the following apply:

  • The person has an alcohol concentration of at least .08
  • The person is under the influence of intoxicating liquor
  • The person is under the influence of any drug or substance or combination of drugs or substances leaving the person incapable of safely driving
  • The person refuses chemical testing

DUI cases in North Dakota have both an administrative component and a criminal component. While the issues are similar, the administrative and criminal components are independent proceedings that present separate potential consequences,

Administrative Component

The administrative component is the proceeding in which the North Dakota Department of Transportation is attempting to suspend or revoke your North Dakota driving privileges.

Criminal Component

The criminal component is the criminal charge filed against the driver resulting in a potential criminal record, jail time, probation, chemical dependency evaluation and treatment, fines, and court costs.

Additional Collateral Consequences Of DUI

There are several potential collateral consequences of a DUI conviction. Admissibility to certain countries, like Canada, may be prohibited. 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. A convicted offender may be required to obtain high-risk coverage.

A commercial driver's license loss may result from a DUI occurring in a noncommercial vehicle. Additional penalties exist for those driving a commercial vehicle under the influence of alcohol, and for those under the age of 21. Please contact your attorney to learn more about these specific issues.

Administrative Hearing Criminal Component


Attorneys Specializing In North Dakota DUI Defense Cases


Matthew Dearth, Mark A. Friese, Luke Heck, Drew Hushka, Bruce D. Quick, Jesse Walstad and Peter Welte