North Dakota · DUI · Checked October 2026
North Dakota DUI Penalties: First, Second and Third Offense
North Dakota DUI Penalties: What Are the Rules?
North Dakota sets DUI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 7 years
North Dakota DUI Penalties by 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) |
Other First Offense Penalties in North Dakota
- addiction evaluation by a licensed addiction treatment program
- sentence can't be deferred
Official source: other first offense penalties (North Dakota)
Other Second Offense Penalties in North Dakota
- addiction evaluation
- at least 360 days in the 24/7 sobriety program as a condition of probation
- the court may order the license plates of the offender's vehicles destroyed
Official source: other second offense penalties (North Dakota)
Other Third Offense Penalties in North Dakota
- addiction evaluation
- at least 360 days of supervised probation
- at least 360 days in the 24/7 sobriety program
Official source: other third offense penalties (North Dakota)
When Penalties Are Higher in North Dakota
- BAC 0.16 or higher on a first offense (aggravated first offense): fine of at least $750 and at least 2 days in jail
- BAC 0.18 or higher: longer license suspension: 180 days on a first offense, 2 years on a second, 3 years on a third
- 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 fine
When a DUI Is 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 felonyN.D. Cent. Code § 39-08-01(3), (5)(d); § 39-08-01.4(1); § 12.1-32-01(4)
How Far Back Prior Offenses Count in North Dakota
7 years. first through third offenses are counted within 7 years; a fourth or later offense within 15 years is a felonyN.D. Cent. Code § 39-08-01(3), (5)
Official source: how far back prior offenses count (North Dakota)
More on DUI Law in North Dakota
See the full overview of DUI laws in North Dakota and read about first-offense DUI penalties across the states.
This page summarizes North Dakota law from official sources, checked October 2026. It isn't legal advice; 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).
What Is the Penalty for a Second DUI in North Dakota?
Jail: 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. Fine: $1,500. License suspension: 365 days (2 years if BAC was 0.18 or more).
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