North Dakota DUI Laws
Last reviewed July 2026 · 9 primary sources · How we research and review these pages
Reviewed by the LegalLimit editorial team →
Standard BAC limit
0.08%
Enhanced BAC threshold
0.16%
Commercial driver BAC
0.04%
Under-21 BAC
0.02%
Prior-offense lookback
Multiple parallel windows
7-year window for 1st/2nd/3rd offense classification (§ 39-08-01(3)): 7-year window. 15-year window for 4th-or-subsequent felony (§ 39-08-01(3), (5)(d)): 15-year window.
North Dakota prosecutes impaired driving as DUI under NDCC § 39-08-01. Uniquely, REFUSAL to submit to chemical testing is ITSELF an element of the DUI offense (§ 39-08-01(1)(a)(5)) — a driver who refuses is guilty of DUI on the refusal alone, in addition to the administrative revocation under § 39-20-04. The per se limit is 0.08 (blood, breath, oral fluid, or urine, within 2 hours), and a first offense with BAC ≥ 0.16 is an aggravated first ($750 fine + 2 days jail). The penalty ladder uses a multiWindow lookback: 7-year window for 1st/2nd/3rd classification (class B misdemeanor, class B misdemeanor, class A misdemeanor) and a 15-year window for the 4th-or-subsequent class C felony. Mandatory minimums: 1st $500; aggravated 1st $750 + 2 days; 2nd 10 days + $1,500; 3rd 120 days + $2,000; 4th+ 1 yr + 1 day + $2,000. North Dakota relies heavily on the 24/7 SOBRIETY PROGRAM (twice-daily breath testing or electronic alcohol monitoring) as a mandatory probation condition at the 2nd+ tiers. IID attaches via restricted-license conditions rather than by default. DUI causing death is the class A felony of criminal vehicular homicide (§ 39-08-01.2(1), min 3 yr; 10 yr with prior); DUI causing substantial/serious injury is a class B felony (min 1 yr; 2 yr with prior). DUI with a minor passenger is a separate class A misdemeanor (§ 39-08-01.4). The under-21 threshold is 0.02 (§§ 39-20-03.1/04.1). A treatment-court completion can reduce a felony to a misdemeanor (§ 39-08-01.5).
North Dakota DUI penalties by offense tier
| Offense tier | Fine | Jail | License action | Ignition interlock |
|---|---|---|---|---|
| First offense (class B misdemeanor; aggravated at BAC ≥ 0.16) | $500–$1,500 (Mandatory minimum $500 fine for a standard first offense (§ 39-08-01(5)(a)(1)). AGGRAVATED first (BAC ≥ 0.16): mandatory $750 fine (§ 39-08-01(5)(a)(2)).; Class B misdemeanor fine ceiling is $1,500 (NDCC § 12.1-32-01). The aggravated-first sub-case remains a class B misdemeanor for ceiling purposes.) | 0 days–1 month (No mandatory minimum jail for a standard first offense. AGGRAVATED first (BAC ≥ 0.16): mandatory 2 days imprisonment (§ 39-08-01(5)(a)(2)). The structured min (0) captures the standard sub-case; the aggravated mandatory is documented in notes per registry convention.; Class B misdemeanor max 30 days (NDCC § 12.1-32-01).) | Suspended for 91–180 days — Administrative suspension under § 39-20-04.1: 91 days for a first offense with BAC < 0.18; 180 days for a first offense with BAC ≥ 0.18. A restricted license is available after 14 days on condition of 24/7 sobriety program participation (§ 39-20-03.1(5)). | Required if restricted license or restoration (1 year) |
| Second offense within 7 years (class B misdemeanor) | $1,500–$1,500 (Mandatory $1,500 fine (§ 39-08-01(5)(b)).; The mandatory minimum equals the class B misdemeanor ceiling (§ 12.1-32-01).) | 10 days–1 month (Mandatory 10 days, of which 48 hours must be served consecutively (§ 39-08-01(5)(b)). Up to 90% may be served as house arrest with electronic home detention + 24/7 sobriety (§ 39-08-01(6)).; Class B misdemeanor max 30 days (§ 12.1-32-01).) | Suspended for 365–730 days — Admin suspension under § 39-20-04.1: 365 days for a 2nd offense within 7 yr with BAC < 0.18; 2 years for a 2nd with BAC ≥ 0.18. A restricted license is available on 24/7 sobriety participation. REFUSAL on a 2nd offense triggers a 2-year admin revocation (§ 39-20-04(1)(b)). | Required if restricted license or restoration (12 months) |
| Third+ offense (class A misdemeanor at 3rd; class C felony at 4th+) | $2,000–$10,000 (Mandatory $2,000 fine for both 3rd offense (§ 39-08-01(5)(c)) and 4th+ felony (§ 39-08-01(5)(d)).; Class A misdemeanor fine ceiling is $3,000; class C felony fine ceiling is $10,000 (§ 12.1-32-01).) | 4 months–5 years (THIRD offense within 7 yr (§ 39-08-01(5)(c)): mandatory 120 days, of which 60 days are non-suspendable except upon successful treatment-court completion under § 39-08-01.5. FOURTH+ within 15 yr (§ 39-08-01(5)(d)): mandatory 1 year + 1 day, of which 1 year is non-suspendable except upon successful treatment-court completion. A treatment-court program may reduce the minimum to 10 days served and re-grade a felony to a misdemeanor on completion (§ 39-08-01.5).; Class A misdemeanor max 360 days. Class C felony max 5 years (§ 12.1-32-01). The structured max (1,825 days = 5 yr) reflects the class C felony ceiling for the 4th+ sub-case.) | Suspension or revocation, 730–1095 days — MIXED: the test-result path is a SUSPENSION under § 39-20-04.1 (2 years for a 3rd offense with BAC < 0.18; 3 years for a 3rd+ with BAC ≥ 0.18); the refusal path is a REVOCATION under § 39-20-04 (3 years for a 3rd+ refusal). North Dakota has no separate criminal license revocation for felony DUI beyond this admin regime. A restricted license is available on 24/7 sobriety participation. | Required if restricted license or restoration (12 months) |
Frequently asked questions
What is the legal BAC limit in North Dakota?
The per se limit is 0.08% (NDCC § 39-08-01(1)(a)(1)), measured by blood, breath, oral fluid, or urine within 2 hours of driving. The offense also covers impairment by alcohol or any drug/combination. A first offense with BAC ≥ 0.16 is "aggravated." The commercial threshold is 0.04% and the under-21 threshold is 0.02%.
What are the penalties for a first DUI in North Dakota?
A first offense is a class B misdemeanor (§ 39-08-01(5)(a)): a mandatory $500 fine and an addiction evaluation, plus a 91–180-day administrative license suspension. AGGRAVATED first (BAC ≥ 0.16): mandatory $750 fine and 2 days imprisonment. An admin suspension (91 days if BAC < 0.18, 180 days if ≥ 0.18) runs alongside.
What are the penalties for a second DUI in North Dakota?
A second offense within 7 years is a class B misdemeanor (§ 39-08-01(5)(b)): mandatory 10 days in jail (48 hours consecutive), a $1,500 fine, an addiction evaluation, and 360 days in the 24/7 sobriety program (twice-daily breath testing or electronic monitoring). Up to 90% of the jail term may be house arrest. Admin suspension is 1–2 years.
When does a North Dakota DUI become a felony?
A FOURTH offense within 15 years is a class C felony (§ 39-08-01(3), (5)(d)): mandatory 1 year + 1 day imprisonment, $2,000 fine, 2 years supervised probation, and 24/7 sobriety. A 3rd offense within 7 years is a class A misdemeanor (120 days). A treatment-court completion can reduce a felony to a misdemeanor (§ 39-08-01.5).
What happens if I refuse the breath or blood test in North Dakota?
Refusing is itself a CRIMINAL element of DUI in North Dakota (§ 39-08-01(1)(a)(5)) — you can be convicted of DUI on the refusal alone. Refusal ALSO triggers an administrative license revocation under § 39-20-04: 180 days (1st), 2 years (2nd within 7 yr), or 3 years (3rd+ within 7 yr). In serious-injury/fatal crashes the officer may seek a warrant for a compelled blood draw (§ 39-20-01.1(3)).
How long do prior DUIs count against me in North Dakota?
North Dakota uses two concurrent lookback windows: a 7-year window for classifying the 1st, 2nd, and 3rd offenses, and a 15-year window for the 4th-or-subsequent felony (§ 39-08-01(3)). Out-of-state equivalent offenses count. A prior conviction does not include offenses before July 1, 1981 (§ 39-08-01.1).
What is the 24/7 sobriety program in North Dakota?
The 24/7 sobriety program (NDCC ch. 54-12, incorporated into § 39-08-01(7)) requires twice-daily breath testing seven days a week, or electronic alcohol monitoring, urine testing, or a drug patch. It is a MANDATORY condition of probation at the 2nd+ tiers (360 days on a 2nd/3rd; 2 years on a 4th+). The offender pays all program fees.
What is North Dakota's under-21 BAC rule?
A driver under 21 is subject to administrative license suspension at a BAC of 0.02 or above (NDCC §§ 39-20-03.1/04.1). At 0.08+ the full adult criminal DUI under § 39-08-01 and its penalties apply.
What if my North Dakota DUI causes injury or death?
DUI causing death is criminal vehicular homicide, a class A felony with a mandatory minimum of 3 years (10 years with a prior) under § 39-08-01.2(1). DUI causing substantial or serious bodily injury is criminal vehicular injury, a class B felony with a mandatory minimum of 1 year + 1 day (2 years with a prior) under § 39-08-01.2(2). The sentence may not be suspended absent manifest injustice.
Sources
- NDCC § 12.1-32-01 — Sentencing alternatives (felony and misdemeanor class ceilings) (N.D. Cent. Code, via Justia) — Accessed July 7, 2026
- NDCC § 39-06.1-11 — Restricted license; 24/7 sobriety program condition (N.D. Cent. Code, via Justia) — Accessed July 7, 2026
- NDCC ch. 39-06.2 — Commercial driver's licenses (CMV disqualification) (N.D. Cent. Code, via Justia) — Accessed July 7, 2026
- NDCC § 39-08-01 — Persons under the influence of intoxicating liquor or any other drugs or substances not to operate vehicle; penalty (N.D. Cent. Code, via Justia) — Accessed July 7, 2026
- NDCC § 39-08-01.2 — Special punishment for causing injury or death while DUI (N.D. Cent. Code, via Justia) — Accessed July 7, 2026
- NDCC § 39-08-01.4 — Driving while under the influence while accompanied by a minor; penalty (N.D. Cent. Code, via Justia) — Accessed July 7, 2026
- NDCC § 39-20-01 — Implied consent to determine alcohol concentration and presence of drugs (N.D. Cent. Code, via Justia) — Accessed July 7, 2026
- NDCC § 39-20-04 — Revocation of privilege to drive upon refusal to submit to testing (N.D. Cent. Code, via Justia) — Accessed July 7, 2026
- NDCC § 39-20-04.1 — Administrative sanction for driving with a certain alcohol concentration (N.D. Cent. Code, via Justia) — Accessed July 7, 2026