First-Offense DUI in North Dakota

The penalties—including license suspension, fines, and possible jail time—for a first DUI conviction in North Dakota.

By , Attorney

In North Dakota, first DUI (driving under the influence) convictions are generally misdemeanors. A DUI is considered a first offense if the driver has no prior DUI convictions within the past seven years. Here are some of the more common consequences and penalties of a first DUI conviction in North Dakota.

Criminal Penalties

North Dakota law sets the minimum and maximum penalties for a first DUI. Generally, the judge sets the specific penalties within the allowable ranges.

A first DUI conviction is a class B misdemeanor and carries up to 30 days in jail and $500 to $1,500 in fines. But if the driver's blood alcohol concentration was .16% or more, the minimum jail time is two days and the minimum fine is $750. Also, if there was a minor in the vehicle during the DUI offense, the penalties will be more severe.

All DUI offenders must complete a substance abuse evaluation and follow the recommended treatment.

Driver's License Consequences

The court reports all DUI convictions to the Department of Transportation. For most first-offense DUIs, the state will revoke the driver's license for 91 days. However, for drivers who had a blood alcohol concentration of .18% or more or refused alcohol testing in violation of the implied consent law, the suspension will be 180 days.

Drivers can apply to a restricted license to drive during a suspension but will generally be required to use an ignition interlock device.

Talk to an Attorney

If you've been arrested for driving under the influence in North Dakota, talk to a DUI lawyer as soon as possible. The consequences of a DUI are serious, especially if you have prior convictions. A qualified DUI attorney can tell you how the law applies to your case and help you decide on how best to handle your situation.

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