Drinking and Driving Laws in North Dakota
In the State of North Dakota it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. This .08 limit is the same measurement used in all states and has become the benchmark limit for the "impaired" driver. North Dakota has lower limits for commercial drivers (.04) and a "zero tolerance" for drivers under the age of 21. The North Dakota DUI law includes driving on drugs, alcohol or both.
How many drinks does it take to reach the legal limit in North Dakota?
It is almost impossible to determine with certainty how many drinks you can have before you reach the .08 percent BAC limit. There are charts and calculators that can help you calculate your BAC, however these tools do not consider all variables that contribute to a BAC score. There are other considerations, including eating habits during the time you were drinking, or , if you have taken any medication while you were consuming alcoholic beverages. Taking antihistamines, for example while you are drinking could render a driver legally intoxicated after only one drink.
The best answer is not to drink and drive . The State of North Dakota has strict laws for drunk driving, and when you drink and drive in North Dakota, you risk your freedom, finances and your future.
Drunk Driving Laws in North Dakota
State of North Dakota BAC Laws:
All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
- ZERO Tolerance
Commercial Vehicle Driver with a BAC of .04 or higher.
North Dakota Drunk Driving Fines & Penalties
First Drunk Driving Conviction
The first DUI conviction you receive will bring a minimum fine of $250 and a drivers license suspension of up to 180 days. If the court allows, you may receive a restricted drivers license after 30 days of your initial suspension. You may also be ordered to a addiction facility for alcohol screening and evaluation.
Second Drunk Driving Conviction
The second drunk driving conviction in the State of North Dakota will cost up to $500 for the initial fine. You will face a 1 year suspension of your drivers license without the opportunity to receive a restricted license or work permit. You will also receive a minimum 5 days in jail or, if allowed by the court, 30 days of community service.
Third Drunk Driving Conviction
The 3rd time you are arrested and convicted of drunk driving in North Dakota you will receive a 3 year drivers license suspension. The minimum fine will be no less than $1,000 and you will spend 60 days in Jail. The court will also order a referral to an addiction facility for an alcohol evaluation.
Fourth Drunk Driving Conviction
The 4th time you are arrested and convicted of a DUI in the State of North Dakota you will receive a 3 year drivers license suspension. Your driving privileges will only be restored after you have completed addiction treatment and have no record of any alcohol related offenses for two consecutive years after your treatment. The minimum fine will be no less than $1,000 and you will spend 180 days in Jail.
Fourth Drunk Driving Conviction
The 5th time you are arrested and convicted of drunk driving in North Dakota you will be charged with a Class "C" Felony. You will face up to 5 years imprisonment and you will be fined up to $5,000.
The Implied Consent Law in North Dakota
Implied consent in the context of North Dakota DUI law means that all drivers on the roadways of North Dakota agree to submit to a chemical test of their blood, breath or urine if a peace officer suspects that they are under the influence of alcohol, drugs or both. Refusing to submit to such a test will result in an immediate suspension of your drivers license. On your first refusal your drivers license will be seized and you will be issued a 25 day permit until your hearing. In most cases you will have your license suspended for 1 year for your first refusal, however the refusal can be "cured" by pleading guilty to a DUI. If you do plead guilty you will receive a 91-180 day suspension instead of the 1 year suspension. In the case of a guilty plea the driver may be eligible for a temporary restricted license after 30 days of the initial suspension has passed. You will not be eligible for a temporary restricted license if your license is suspended for refusal.
More on Drunk Driving Laws, Penalties and Fines in North Dakota
|
