North Dakota DUI Laws: 2025 DUI Charges Guide
Getting Started
If you’re arrested for a DUI in North Dakota, you face both administrative penalties from the North Dakota Department of Transportation (NDDOT) and criminal charges through the court system. This guide outlines what to expect, but remember this is general information, not legal advice.
Important Note: Always consult with a qualified DUI attorney for guidance specific to your case.
Definitions to Know
DUI (Driving Under the Influence)
North Dakota’s legal term for driving under the influence of alcohol or drugs.
SR-22
A certificate of financial responsibility that proves you have the minimum required liability insurance coverage after a DUI conviction.
IID (Ignition Interlock Device)
A breathalyzer installed in a vehicle to prevent it from starting if alcohol is detected on your breath.
North Dakota Department of Transportation (NDDOT)
The North Dakota Department of Transportation oversees administrative license suspensions related to DUI offenses. They handle license revocations, temporary restricted license applications, and monitor compliance with reinstatement requirements. The NDDOT works independently from the court system, so you must address both administrative penalties and criminal charges separately.
Steps to Take After DUI Arrest in North Dakota
- Hire an Attorney
Legal counsel can help navigate both administrative and criminal processes.
- License Suspension
Your driver’s license will be suspended based on the severity of the offense and your BAC level.
- Request an Administrative Hearing
You must request a hearing with NDDOT within 10 days of your arrest if you wish to contest your license suspension.
- Apply for a Restricted License
If eligible, you can apply for limited driving privileges.
- Install an IID
May be required for certain offenses, especially for repeat offenses or high BAC levels.
Explore IIDs - File an SR-22
North Dakota may require you to have your auto insurance company file an SR-22 form proving financial responsibility.
- Complete Substance Abuse Evaluation
Attend evaluation and complete recommended treatment programs.
- Pay Fines and Fees
Court fines range from $500 to $1,500 for first offenses, plus other administrative fees.
- Complete DUI Education Program
Mandatory alcohol education courses are required.
- Attend Court Proceedings
Your criminal case proceeds independently from administrative actions.
- Probation
Terms may include regular check-ins and abstaining from alcohol or drugs.
- Avoid Further Violations
Any new violations can lead to enhanced penalties and longer license suspensions.
DUI Laws in North Dakota
What Are the Legal Driving Alcohol Limits in North Dakota?
In North Dakota, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type.
| Driver Category | BAC Limit |
| Drivers over 21 | 0.08% |
| Commercial Drivers | 0.04% |
| Drivers under 21 | 0.02% (zero tolerance) |
Felony vs Misdemeanor DUI Charges
In North Dakota, DUI charges are classified as either misdemeanors or felonies based on the number of prior offenses:
Misdemeanor DUI: First, second, and third offenses within a 7-year period are generally classified as misdemeanors.
Felony DUI: A fourth or subsequent offense within a 15-year period is a Class C felony. A DUI that results in serious injury or death can also be charged as a felony regardless of prior history.
Felony DUIs carry much harsher penalties, including longer jail sentences (up to 5 years), higher fines (up to $10,000), and longer license suspensions.
What Are Drunk Driving Diversion Programs in North Dakota?
North Dakota does not offer traditional diversion programs for DUI offenses. However, the state does operate a 24/7 Sobriety Program, which may be required as a condition of bond or probation. This program requires participants to submit to twice-daily breath tests or wear continuous alcohol monitoring devices to ensure sobriety.
Refusing a Chemical Test Under California DUI Law
North Dakota has implied consent laws, so when you drive on state roads you agree to chemical testing if arrested for DUI. Refusing a test has serious consequences:
| Offense | Refusal Penalty |
| 1st Refusal | 180-day license revocation |
| 2nd Refusal (within 7 years) | 2-year license suspension |
| 3rd Refusal (within 7 years) | 3-year license suspension |
Additionally, test refusal can be used as evidence against you in court and is considered a separate criminal offense under North Dakota law.
DUI Penalties & Consequences
North Dakota imposes graduated penalties for DUI offenses that increase in severity with each conviction.
Penalties for DUI Offenses in North Dakota
1st Offense (BAC < 0.16%)
Jail Time: No minimum
Fines: $500 minimum
License Suspension: 91 days
1st Offense (BAC ≥ 0.16%)
Jail Time: At least 2 days
Fines: $750 minimum
License Suspension: 180 days
2nd Offense (within 7 years)
Jail Time: At least 10 days
Fines: $1,500 minimum
License Suspension: 365 days
3rd Offense (within 7 years)
Jail Time: At least 120 days
Fines: $2,000 minimum
License Suspension: 2 years
4th Offense (within 15 years)
Jail Time: At least 1 year and 1 day (felony)
Fines: Up to $10,000
License Suspension: 3 years
All convictions also require addiction evaluation and completion of recommended treatment.
Aggravating Factors That Increase North Dakota DUI Penalties
In North Dakota, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail time, and extended license suspensions:
High BAC Levels: BAC of 0.16% or higher results in enhanced penalties even for first-time offenses
Child Passengers: DUI with a minor under 18 in the vehicle adds mandatory minimum jail time and increases the offense level
Causing Injury or Death: DUI resulting in serious injury is a Class C felony; causing death is a Class A felony with up to 20 years imprisonment
Test Refusal: Refusing chemical testing increases penalties and is a separate offense
Multiple Offenses: Repeat offenses within the lookback periods significantly increase all penalties
Driving Without a Valid License
Driving with a suspended license in North Dakota is a serious offense that can result in additional criminal charges. If caught driving while your license is suspended due to a DUI, you face:
- Additional criminal charges (Class B misdemeanor)
- Minimum 4 days jail time
- Fines up to $1,500
- Extension of your original suspension period
- Possible vehicle impoundment
- Ineligibility for restricted license privileges
These consequences compound your existing DUI penalties and make it even more difficult to restore your driving privileges.
License Suspension
License suspensions occur through both administrative action by the NDDOT and criminal court proceedings.
Who Determines if You Can Continue Driving After a DUI
In North Dakota, both the Department of Transportation and the criminal courts have authority over your driving privileges.
NDDOT: Handles administrative license suspensions based on BAC test results or test refusals. These suspensions take effect regardless of the outcome of criminal proceedings.
Courts: Impose additional license suspensions as part of criminal sentencing for DUI convictions, which may run consecutively with administrative suspensions.
The administrative process is separate from your criminal case, which is why you need to address both systems to fully restore your driving privileges.
How Long Will Your License Be Suspended?
Getting your license suspended in North Dakota means you are no longer allowed to drive a vehicle unless you obtain a temporary or restricted license during your suspension period. Suspension lengths depend on your offense level and history:
| Offense | Suspension Period |
| 1st Offense (BAC under 0.18%) | 91 days |
| 1st Offense (BAC 0.18% or higher) | 180 days |
| 2nd Offense (within 7 years) | 365 days |
| 3rd Offense (within 7 years) | 2 years |
| 4th or Subsequent Offense | 3 years |
Steps to Reinstate Your License
- Serve the full suspension period
- Pay reinstatement fees ($100)
- Complete required addiction evaluation and/or treatment program
- Provide insurance SR-22 filing as proof of financial responsibility, if required in your case
- Install an ignition interlock device if ordered
- Complete required DUI education programs
Restoring Your Driving Privileges
After a DUI suspension, there are pathways to restore limited or full driving privileges in North Dakota.
Eligibility for a Temporary Restricted License
You may be eligible for a temporary restricted license after serving a portion of your suspension if:
- You’ve completed alcohol assessment and any required treatment
- You’ve served at least 14 days of your suspension for a first offense
- You’ve served at least 45 days for a second offense
- You’ve served at least 120 days for a third or subsequent offense
- You haven’t had a previous license suspension within the past 5 years
- You’re enrolled in the 24/7 Sobriety Program (if required)
The temporary restricted license allows travel to and from essential locations such as work, school, medical appointments, and addiction treatment facilities.
How to Apply for Temporary Restricted License
To obtain a temporary restricted license in North Dakota:
- Complete the Temporary Restricted License application form
- Provide proof of enrollment in the 24/7 Sobriety Program (if applicable)
- Furnish proof of completed addiction evaluation
- Submit documentation of need (employment verification or school enrollment)
- Pay applicable fees
- Install an ignition interlock device if required
North Dakota Ignition Interlock Device (IID) Requirements
Ignition interlock devices are increasingly common requirements for DUI offenses in North Dakota. Here’s what you need to know:
- Required for people with multiple offenses who seek restricted driving privileges
- May be mandated by courts for first-time offenders with BAC of 0.16% or higher
- Must be installed and maintained at your expense (approximately $70-100 per month)
- Must be installed on all vehicles you operate
- Required for the duration of your restricted license period
- Any tampering or circumvention attempts result in additional penalties
- Regular calibration and data downloads are mandatory
Selecting the right ignition interlock provider can make a world of difference.
SR-22 Insurance Requirements
In North Dakota, SR-22 insurance may be required for individuals seeking reinstatement of driving privileges after a DUI offense or license revocation.
The North Dakota Department of Transportation (NDDOT) often requires proof of financial responsibility, commonly via SR-22 filing, before a driver’s license can be restored or a restricted license issued.
The required duration for SR-22 coverage is specified by NDDOT but typically lasts for one year; lapses in coverage will result in immediate re-suspension of the driver’s license. Failure to file or maintain SR-22 could lead to further administrative penalties and delays in regaining driving privileges.
Let us help connect you to the right licensed insurance specialist for you.
Substance Abuse Evaluation and Treatment
North Dakota law requires all people convicted of DUI to undergo addiction evaluation and complete any recommended treatment. This process includes:
- Undergoing a professional substance abuse assessment within 14 days of conviction
- Following treatment recommendations, which may range from education programs to intensive inpatient treatment
- Completing the North Dakota DUI Seminar or an approved equivalent program
- Paying all costs associated with evaluation and treatment
- Providing proof of completion to both the courts and NDDOT when seeking license reinstatement
The North Dakota Department of Human Services oversees approved evaluation and treatment providers across the state.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DUIs in North Dakota
If you refuse a breathalyzer, can law enforcement take your blood without consent?
Police may obtain a warrant to take a blood sample even if you refuse consent.
Does North Dakota have different standards for marijuana DUI?
Yes, any detectable amount of THC in your system while driving may result in a DUI charge.
Can you drive for work with a suspended license?
You may qualify for a temporary restricted license for work purposes after serving part of your suspension period.
Do you need to get an insurance SR-22 filed after a DUI in North Dakota?
North Dakota may require SR-22 insurance after a DUI, especially if your license is suspended or revoked. The SR-22 must be filed to reinstate driving privileges and coverage is usually needed for at least one year. Not every DUI triggers this requirement, so check with NDDOT or your attorney.
Sources
- FindLaw. (2025). North Dakota DUI laws. https://www.findlaw.com/state/north-dakota-law/north-dakota-dui-laws.html
- National College for DUI Defense. (2025). North Dakota DUI laws. https://www.ncdd.com/north-dakota-dui-laws
- North Dakota Attorney General. (2025). 24/7 sobriety program. https://attorneygeneral.nd.gov/public-safety/24-7-sobriety-program/
- North Dakota Department of Health and Human Services. (2025). Driving under the influence (DUI). https://www.hhs.nd.gov/behavioral-health/prevention/DUI
- North Dakota Department of Transportation. (2025). North Dakota Department of Transportation. https://www.dot.nd.gov
- North Dakota Department of Transportation. (2025). Penalties for driving under the influence. https://www.dot.nd.gov/travel-and-safety/highway-safety/highway-safety-programs/penalties-driving-under-influence
- North Dakota Legislative Branch. (2025). North Dakota Century Code, Title 39, Chapter 8: Regulations governing operators. https://ndlegis.gov/cencode/t39c08.pdf
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