Penalties for Driving Under the Influence
Penalties for driving with an alcohol content of .08, up to .17 and .18 or greater:
1st DUI
- Up to .17: 91 days' suspension
- .18 or greater: 180 days suspension
- (in both cases, work permit is possible after 30 days.)
- Minimum fine of $250
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
2nd DUI
- Up to .17: 365 days' suspension
- .18 or greater: 2 years' suspension
- (No work permit in either case.)
- Minimum fine $500
- 5 days' imprisonment or 30 days community service
- Mandatory referral to addiction facility for alcohol evaluation
3rd DUI
- Up to .17: 2 years' suspension
- .18 or greater: 3 years' suspension
- Minimum fine $1,000
- 60 days' imprisonment
- Mandatory referral to addiction facility for alcohol evaluation
4th DUI
- Suspension period and fine same as 3rd DUI.
- Driving privileges restored only after the offender has completed addiction treatment, served minimum suspension and not committed any alcohol-related offenses for at least two consecutive years after treatment
- 180 days' imprisonment
5th DUI
- Class C felony
- Maximum fine $5,000
- Maximum of 5 years' imprisonment
Additional penalties may include a $100 operator license reinstatement fee, SR-22 filing (high risk insurance), impoundment of the motor vehicle license plates or seizure of the motor vehicle.
North Dakota has a zero tolerance for anyone under the age of 21 operating a motor vehicle when blood alcohol measures .02 and above.
If you see an impaired driver on the road you can report this to law enforcement by phoning 911.
- Tips for detecting impaired drivers:
- Problems maintaining proper lane position
- Speed and braking problems
- Driving in wrong lane
- Driving without lights at night
- Failure to signal
- Judgment problems