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DUI Laws and Penalties in North Dakota

Learn about the penalties for a first, second, and third DUI conviction in North Dakota.

By , Attorney George Mason University Law School
Updated 4/17/2025

In North Dakota, the consequences of a DUI conviction depend on the circumstances of the case and often include fines, jail time, and license revocation or suspension. This article covers important definitions and the penalties you'll face for a first, second, and third North Dakota DUI offense.

North Dakota's DUI Law—How the Offense is Defined

North Dakota's DUI laws prohibit driving or being in actual physical control of a vehicle:

  • with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver was operating a commercial vehicle), or
  • while under the influence of any drug, substance, alcohol, or combination of drugs, substances, or alcohol.

(N.D. Cent. Code § 39-08-01 (2025).)

In other words, a DUI charge can be based on BAC or actual impairment.

How North Dakota's DUI Laws Define "Driving"

North Dakota uses the term "actual physical control" in its DUI statutes. The law defines actual physical control over a vehicle as "real, not hypothetical, bodily restraining or directing influence over, or domination and regulation of, its movements of machinery." This definition doesn't require vehicle movement, a running vehicle, or even a conscious driver for a DUI conviction. (N.D. Cent. Code § 39-08-01 (2025); Hawes v. North Dakota Dept. of Transp., 741 N.W.2d 202 (2007).)

How North Dakota's DUI Laws Define "Under the Influence"

A driver is considered "under the influence" if rendered incapable of safely driving by the drugs or alcohol ingested. Any driver with a BAC of .08% or more is considered "per se DUI" and can be convicted regardless of the level of impairment. The amount of alcohol needed to reach .08% can differ depending on circumstances such as the person's gender and body size. (State v. Hanson, 73 N.W.2d 135 (1955).)

Penalties for a First DUI

The possible jail time and fine amounts for a DUI conviction depend on the number of prior DUI offenses the driver has within the last seven years. Generally, DUI convictions that occurred more than seven years in the past aren't counted—unless a driver has three or more prior DUI convictions. A first or second DUI in North Dakota is generally a class B misdemeanor. A third offense is a class A misdemeanor, and a fourth or subsequent conviction within 15 years is a class C felony. (N.D. Cent. Code § 39-08-01 (2025).)

Jail Time for a First DUI

For a first DUI conviction, the offender generally faces up to 30 days in jail, but there's no minimum jail term. However, in cases involving a BAC that's at least .16%, there's a two-day minimum jail sentence. (N.D. Cent. Code §§ 12.1-32-01, 39-08-01 (2025).)

Fines for a First DUI

A first DUI typically carries $500 to $1,500 in fines. In cases involving a BAC of .16% or more, the minimum fine is $750. (N.D. Cent. Code §§ 12.1-32-01, 39-08-01 (2025).)

License Revocation for a First DUI

A first DUI conviction will generally result in a 91-day license revocation. 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 revocation will be 180 days. (N.D. Cent. Code § 39-20-04.1 (2025).)

Penalties for a Second DUI

A second DUI conviction carries 10 to 30 days in jail and $1,500 in fines. The driver must also complete at least 360 days in the 24/7 program. (N.D. Cent. Code §§ 12.1-32-01, 39-08-01 (2025).)

For most second-offense DUIs, the state will revoke the driver's license for 365 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 two years. (N.D. Cent. Code § 39-20-04.1 (2025).)

Penalties for a Third DUI

A third DUI conviction carries 120 to 360 days in jail, $2,000 to $3,000 in fines, and 360 days on probation. The driver must also complete 360 days in the 24/7 program. (N.D. Cent. Code §§ 12.1-32-01, 39-08-01 (2025).)

For most third-offense DUIs, the state will revoke the driver's license for two years. 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 three years. (N.D. Cent. Code § 39-20-04.1 (2025).)

Fourth or Subsequent DUIs are Felonies

Typically, a first, second, or third DUI conviction is a misdemeanor in North Dakota. But when a driver has 3 or more prior convictions that occurred within the past 15 years, the next DUI (fourth or subsequent) will be a class C felony. (N.D. Cent. Code § 39-08-01 (2025).)

A fourth or subsequent DUI carries a prison term of at least one year and one day to a maximum of five years and supervised probation for at least two years. The minimum fine for a fourth or subsequent DUI is $2,000, and the maximum fine is $10,000. (N.D. Cent. Code §§ 12.1-32-01, 39-08-01 (2025).)

Treatment Requirements and Drug Court

All DUI offenders must complete an addiction treatment program evaluation and follow the recommended treatments. The recommendations may include the 24/7 sobriety program, which uses alcohol monitoring, random testing, and drug patch testing to ensure sobriety. (N.D. Cent. Code § 39-08-01 (2025).)

North Dakota also has a drug court program. Drug court often requires additional treatment but can reduce the penalties for a DUI conviction. For instance, a third-time DUI offender who completes the drug court requirements can reduce the mandatory jail time to 10 days. Completion of drug court can also reduce a felony DUI to a misdemeanor DUI for criminal record purposes and lead to a misdemeanor DUI conviction being dismissed and sealed. (N.D. Cent. Code § 39-08-01.5 (2025).)

Getting a Restricted License Following a DUI Revocation

A DUI offender is generally eligible to apply for an ignition interlock device (IID) restricted license to drive during the suspension period after completing a "hard suspension" period. Offenders who are enrolled in the 24/7 sobriety program must complete a hard suspension period of at least 14 days being applying for an IID license. Applicants who are not enrolled in the 24/7 sobriety program must be free of prior DUI convictions and complete a 30-day hard suspension before applying. (N.D. Cent. Code § 39-06.1-11 (2025).)

North Dakota's Underage DUI Law

An underage DUI violation isn't considered a criminal offense. But drivers who are younger than 21 years old and are caught operating a vehicle with a BAC of .02% or more generally face a 91-day license suspension. (N.D. Cent. Code § 39-20-04.1 (2025).)

Getting Help From a DUI Lawyer

If you've been arrested for driving under the influence in North Dakota, you should seriously consider talking to a DUI attorney. A qualified DUI lawyer can review your case, let you know if you have any good defenses, and help you decide on the best course of action.

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