North Dakota DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in North Dakota, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
North Dakota DUI At a Glance
First Offense DUI in North Dakota
Up to 30 days jail, $500–$1,500 fine, 91-day suspension
North Dakota has a 7-year lookback period
Second Offense DUI in North Dakota
10 days–1 year, $1,500 fine, 365-day suspension
When Does a DUI Become a Felony in North Dakota?
In North Dakota, a DUI typically becomes a felony charge at the 3rd offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
North Dakota DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in North Dakota
North Dakota, like all U.S. states, has an implied consent law. By driving on North Dakota roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in North Dakota
Different states use different terminology. North Dakota uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in North Dakota
If you are facing a DUI charge in North Dakota, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension