North Dakota DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

A North Dakota DUI charge under N.D.C.C. § 39-08-01 triggers two parallel processes: a criminal case in district court, and an administrative license action by NDDOT. Both move quickly. The first-offense administrative suspension is 91 days, doubling to 180 days if the BAC was 0.18% or higher. North Dakota also requires a mandatory addiction evaluation for every DUI conviction - a meaningful additional step beyond the criminal sentence.

The legal threshold

North Dakota's per-se DUI thresholds:

Adults 21+: 0.08% BAC.
Drivers under 21: 0.02% BAC under the state's zero-tolerance law.
Commercial drivers (CDL): 0.04% BAC.
Aggravated DUI: 0.16% BAC or higher - separate elevated penalties.

North Dakota also charges DUI on impairment evidence below 0.08% under N.D.C.C. § 39-08-01(1)(b) - the "under the influence" subsection that does not require a specific BAC. Drug-impaired DUIs (controlled substances, prescription medications, marijuana) fall under the same statute.

The implied consent process

By driving on a North Dakota road, every driver gives implied consent to chemical testing if lawfully arrested for DUI. Refusing the test results in:

A 180-day minimum license suspension on the first refusal.
A 2-year minimum suspension on the second refusal within 7 years.
The refusal is admissible at trial.
The driver may still be convicted of DUI on impairment evidence even without a measured BAC.

Administrative license suspension

After a DUI arrest where the BAC was 0.08% or higher (or the driver refused testing), the arresting officer may take the North Dakota driver license on the spot and issue a notice of suspension. The administrative suspension is separate from the criminal case:

91-day suspension on a first-offense BAC failure (0.08% to 0.17%).
180-day suspension on a first-offense BAC of 0.18% or higher.
180-day suspension on a first-offense refusal.
Longer suspensions on subsequent offenses.

Drivers can request an administrative hearing within 10 days of the notice. See suspended license for reinstatement steps.

First-offense penalties

A first-offense DUI conviction in North Dakota is a Class B misdemeanor (or Class A if BAC 0.18+ or aggravated), carrying:

Up to 30 days jail (Class B); up to 1 year jail (Class A) - often suspended on first offenses without aggravating factors.
A fine of up to $1,500, plus court costs.
License suspension of 91 days (180 days if BAC 0.18+ or refusal), with potential early restoration under the IID program.
Mandatory addiction evaluation with a state-approved counselor, plus any recommended treatment.
Probation up to 1 year.
SR-22 financial responsibility filing for at least 3 years - see North Dakota car insurance.

Mandatory addiction evaluation

Every North Dakota DUI conviction requires the offender to complete a state-approved addiction evaluation. The evaluator may recommend treatment ranging from a brief education program (Level I) to inpatient treatment (Level III). The evaluation must be completed and any recommended treatment progress documented before NDDOT will reinstate the license. This addiction evaluation requirement is unusual nationally and reflects North Dakota's emphasis on rehabilitation alongside punishment.

Ignition Interlock Devices (IID)

North Dakota's IID program is available as an early reinstatement option for first-offense DUIs and is generally required for second and subsequent offenses, BAC at or above 0.18%, and refusal cases. The device is installed at the driver's expense - typically $70-$120 per month plus a $100-$150 install fee - and prevents the vehicle from starting if a measurable BAC is detected. Tampering or repeated failed tests can extend the IID period.

Aggravating factors

North Dakota DUI penalties escalate when any of these apply:

BAC at or above 0.16% (aggravated DUI tier with elevated fine and IID).
BAC at or above 0.18% (180-day administrative suspension).
An accident with injury or property damage.
A child under 18 in the vehicle (separate child endangerment charge possible).
Excessive speed at the time of arrest.
A prior DUI within the 7-year lookback window.
Refusing chemical testing.

Repeat offenses

A second DUI conviction within 7 years brings mandatory minimum jail time, longer license suspension (1-year minimum), longer IID requirement (1-year minimum), and increased treatment requirements. A third DUI within 7 years is a Class C felony with up to 5 years in prison, $10,000 fine, and 2-year minimum suspension. A fourth or subsequent DUI is a Class C felony with up to 10 years in prison.