North Dakota · DUI · Checked October 2026

DUI Laws in North Dakota

What Happens if You Get a DUI in North Dakota?

North Dakota calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 10 days to challenge your license suspension
First offense jail: Up to 30 days (at least 2 days if BAC was 0.16 or more)
First offense fine: $500 to $1,500 (at least $750 if BAC was 0.16 or more)
First offense license: 91 days (180 days if BAC was 0.18 or more)
Felony: A fourth or later DUI within 15 years is a class C felony: at least 1 year and 1 day in prison (up to 5 years), a fine of at least $2,000 (up to $10,000) and at least 2 years of supervised probation; a repeat DUI with a minor in the vehicle is also a class C felony

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

North Dakota DUI Laws: Key Facts

Legal limit (adults): 0.08 BACN.D. Cent. Code § 39-08-01(1)(a)(1), (5)(a)(2); § 39-20-04.1(1); ch. 39-06.2
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (drivers under 21 face an administrative license suspension at 0.02 or more)
Enhanced penalties from: 0.16 BAC
Lookback period: 7 years
Insurance filing: SR-22 (proof of financial responsibility)

North Dakota DUI Penalties by Offense

DUI penalties in North Dakota for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	class B misdemeanor	class B misdemeanor (second offense within 7 years)	class A misdemeanor (third offense within 7 years)
Jail	up to 30 days (at least 2 days if BAC was 0.16 or more)	at least 10 days (48 hours served in a row) up to 30 days; house arrest with electronic monitoring may cover up to 90% of the term	at least 120 days up to 360 days (the court may suspend all but 60 days on condition of an evaluation and treatment)
Fine	$500 to $1,500 (at least $750 if BAC was 0.16 or more)	$1,500	$2,000 to $3,000
License suspension	91 days (180 days if BAC was 0.18 or more)	365 days (2 years if BAC was 0.18 or more)	2 years (3 years if BAC was 0.18 or more)

First offense: N.D. Cent. Code § 39-08-01(3), (5)(a); § 12.1-32-01(6); § 39-06.1-10(8) · Second offense: N.D. Cent. Code § 39-08-01(3), (4), (5)(b), (6); § 12.1-32-01(6); § 39-06.1-10(8) · Third offense: N.D. Cent. Code § 39-08-01(3), (5)(c), (5)(f); § 12.1-32-01(5); § 39-06.1-10(8)

When Penalties Are Higher

BAC 0.16 or higher on a first offense (aggravated first offense): fine of at least $750 and at least 2 days in jailN.D. Cent. Code § 39-08-01(5)(a)(2)
BAC 0.18 or higher: longer license suspension: 180 days on a first offense, 2 years on a second, 3 years on a thirdN.D. Cent. Code § 39-06.1-10(8)
a minor in the vehicle (driver 21 or older): class A misdemeanor; first offense at least 2 days in jail, a $750 fine, 360 days of probation and 360 days in the 24/7 sobriety program; a second or later offense within 15 years is a class C felony with at least 1 year and 1 day in prison and a $2,000 fineN.D. Cent. Code § 39-08-01.4

More on North Dakota DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

refusal is itself a crime under the DUI statute, punished like a DUI, and brings a license revocation of 180 days (first), 2 years (one prior within 7 years) or 3 years (two or more priors). The revocation can be avoided by filing an affidavit and pleading guilty to DUI within 25 days of the temporary permitN.D. Cent. Code § 39-08-01(1)(a)(5), (2); § 39-20-04

Official source: if you refuse a breath or blood test in North Dakota

Getting a Temporary Restricted License (Work Permit)

After a first offense, a temporary restricted license can take effect after 30 days of the suspension, or after 14 days for drivers in the 24/7 sobriety program. Drivers charged with or convicted of a second or later DUI receive one on condition of 24/7 sobriety program participation. Use can be limited to work hours, treatment, and educational, medical or nutritional needs; an ignition interlock may be required. Proof of financial responsibility is required. Not available to drivers under 18 or for commercial vehicles.

Official source: getting a temporary restricted license (work permit) in North Dakota

Ignition Interlock

The director may require an ignition interlock as a condition of a temporary restricted license. North Dakota's repeat-offense sentences rely on the 24/7 sobriety program (twice-daily breath tests or electronic alcohol monitoring) rather than mandatory interlock.

Official source: ignition interlock in North Dakota

Can a DUI Come Off Your Record?

the court seals the record of a DUI conviction if you have no new DUI or other criminal conviction within 7 years of the first violation Waiting period: 7 years Does not apply to commercial driver's license holders, and prosecutors can still use the sealed offense to enhance a later DUI charge.

Official source: can a dui come off your record? in North Dakota

Drivers Under 21

Drivers under 21 with a BAC of 0.02 or more face an administrative suspension through the same hearing process as adults; at 0.08 they can also be charged with DUI 91-day administrative suspension for a first violation (longer with priors)

Official source: drivers under 21 in North Dakota

Driving After Using Drugs

Yes. The DUI statute covers driving under the influence of any drug or substance, or alcohol combined with drugs, to a degree that makes you incapable of driving safely; use as legally prescribed and directed is an affirmative defense

Official source: driving after using drugs in North Dakota

More on DUI Law in North Dakota

For the state's own guidance, see NDDOT: Driver record services and suspensions.

This page summarizes North Dakota law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in North Dakota can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in North Dakota?

Jail: up to 30 days (at least 2 days if BAC was 0.16 or more). Fine: $500 to $1,500 (at least $750 if BAC was 0.16 or more). License suspension: 91 days (180 days if BAC was 0.18 or more).

How Long Do You Have to Request a License Hearing in North Dakota?

10 days. How it is counted: the date the officer issues your temporary operator's permit. Mail a written request to the Department of Transportation director, or submit the online administrative hearing request form. The hearing must be held within 30 days of the temporary permit's issue date. If you don't request one, the temporary permit's expiration is your notice of the suspension or revocation. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in North Dakota?

a fourth or later DUI within 15 years is a class C felony: at least 1 year and 1 day in prison (up to 5 years), a fine of at least $2,000 (up to $10,000) and at least 2 years of supervised probation; a repeat DUI with a minor in the vehicle is also a class C felony

Do You Need an SR-22 (Proof of Financial Responsibility) After a DUI in North Dakota?

Yes. An SR-22 (proof of financial responsibility) is a form your insurer files with the state to prove you carry the required coverage.