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North Dakota DUI Laws


North Dakota DUI Laws state that there are two instances a person can be arrested for DUI.

One, if a law enforcement officer observes that a person’s driving pattern is impaired due to intoxication, the officer can arrest that person.

Alternatively, a blood alcohol content of 0.08% or more can trigger a DUI arrest.

For minors under 21, a zero tolerance policy is imposed and for commercial vehicle drivers, a BAC of 0.04% or more can also be grounds for an arrest.

The arresting officer will request you to take a chemical test to determine the alcohol content in your system. If you haven’t made up your mind to take the test or not, you can contact a DUI lawyer and ask his advice. Refusing outright can be interpreted as an admission of guilt and can be used against you in a court case. Furthermore, this will only lengthen the duration of your license suspension.

Once arrested, you will face two charges: one from a criminal court case, and the other a Department of Transportation administrative case. During this time, your case will be studied and the appropriate penalties and fines. Your driving privileges are under the jurisdiction of the Department of Transportation.

If in case you are proven guilty of DUI, the following sanctions are imposed:

1. First DUI offense – minimum fine of $250; license suspension of 91 days for BAC of up to 0.17%, 108 days if BAC is .018% or above with possible work permit after 30 days have been served; and the court will impose a mandatory alcohol evaluation;
2. Second DUI offense – either jail time of 5 days or community service for 30 days, plus a minimum fine of $500; license suspension of 1 year for BAC of up to 0.17%, 2 years if BAC is 0.18% or above without any work permit; with court-mandated alcohol evaluation;
3. Third DUI offense – jail time of 60 days, plus minimum fine of $1,000; license suspension of 2 years for BAC of up to 0.17%, 3 years if BAC is 0.18% or above; with court-mandated alcohol evaluation;
4. Fourth DUI offense – jail time of 180 days, plus minimum fine of $1,000; license suspension of 2 years for BAC of up to .017%, 3 years if BAC is 0.18% or above; for reinstatement of license, addiction treatment should be completed; and
5. Fifth DUI offense – class C felony with maximum fine of $5,000 and maximum jail time of 5 years.

If you want to have your license reinstated, you have to prove your financial stability by filing an SR22 financial responsibility form for insurance coverage. North Dakota DUI Laws are strictly imposing sanctions against DUI offenses, contact your lawyer now to help you.