DUI Law in North Dakota

What is ‘legally drunk’ in North Dakota

In North Dakota, drivers under the age of 21 years are considered to be legally drunk when their blood alcohol level is more than .02, for non-commercial drivers above 21 years, they are considered to be legally drunk when their blood alcohol level is more than .08. However, for commercial vehicle drivers, they are legally drunk when their blood alcohol level is more than.04. Just like in most states, school bus drivers are commercial drivers.

North Dakota Drunk Driving Penalties

For first time DUI offenders, they face the following penalties:

• A fine ranging from $500 to $750
• The suspension period for the offender’s driver’s license is 3 months to 6 months

For second time offenders, the face:

• A prison sentence of 10 days
• A fine ranging from $600 to $1,000
• The suspension period for the offender’s driver’s license is one year

For offenders convicted for a third time, they face:

• A prison sentence of 4 months
• A fine of at least $2,000
• The suspension period for the offender’s driver’s license is two to three years

For offender convicted for a fourth time, they face:

• A prison sentence of 6 months
• A fine of at least $2,000
• The suspension period for the offender’s driver’s license is two to three years

For fifth and subsequent offenders, they face:

• A prison sentence of up to 5 years
• A fine not exceeding $5,000
• The offender’s driver’s license will be suspended for life

For commercial drivers convicted of a DUI offense, the offender is disqualified from operating a commercial vehicle for a period of one year. However, if the offender was driving a commercial vehicle that had hazardous material at the time of the offense, the disqualification period is 3 years. If the offender is convicted for a second time, he/she will be banned from driving a commercial vehicle for life.

The Point System in North Dakota

The North Dakota Department of Transportation (DOT) is responsible for issuing of points.  Different traffic violations are allocated different points depending on the seriousness of the offense.  If you accumulate too many points, you risk your driver’s license cancellation, revocation or suspension, fines, driving restrictions and driver improvement program requirement. Accumulating 12 points results in suspended license for 7 days for each point over 11. For more information visit NDDOT