North Dakota DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in North Dakota: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in North Dakota, consult a licensed North Dakota criminal defense attorney.

North Dakota DUI / DWI Penalties

OffensePenalty
First OffenseUp to 30 days jail, $500–$1,500 fine, 91-day suspension
Second Offense10 days–1 year, $1,500 fine, 365-day suspension

North Dakota has a 7-year lookback period

DUI / DWI Statute of Limitations in North Dakota

In North Dakota, the general statute of limitations for a felony is 3 years and for a misdemeanor is 2 years.

See all North Dakota statutes of limitations →

Defending Against DUI / DWI Charges in North Dakota

Common defenses in North Dakota dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a North Dakota criminal defense attorney for advice.

Related North Dakota Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication