North Dakota DUI Laws: Penalties, BAC & License (2026)

In North Dakota the offense is called driving under the influence (DUI), and Century Code 39-08-01 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a class B misdemeanor with a minimum $500 fine and a 91-day license suspension, and refusing the chemical test is itself a crime, according to the North Dakota DOT.

This guide is part of our DUI Laws by State series.

What counts as a DUI in North Dakota

North Dakota's core statute, Century Code 39-08-01, makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs, or with a BAC of 0.08 percent or more. The statute can be proven either by the per se number or by evidence of impairment, so a driver under 0.08 can still be charged if alcohol or drugs impaired driving. According to the North Dakota State Highway Patrol, the per se limit is 0.08 percent for drivers 21 and older, 0.04 percent for commercial motor vehicle drivers, and 0.02 percent for operators under 21. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration reflects. A high reading of 0.16 percent or more triggers enhanced penalties even on a first offense.

First-offense DUI penalties in North Dakota (jail, fines, suspension)

A first DUI within a seven-year period is a class B misdemeanor, which under Century Code 39-08-01 carries a maximum of 30 days in jail and a $1,500 fine. In practice, the North Dakota DOT sets a minimum fine of $500 when the BAC is below 0.16 percent. An aggravated first offense at 0.16 percent or more raises the minimum to a $750 fine and two days of imprisonment. Every offender must also complete an addiction evaluation. The license suspension is 91 days when the BAC is below 0.18 percent and 180 days when it is 0.18 percent or more. The first offense does not carry a mandatory ignition interlock under the statute, though an offender may need one to obtain a restricted license, and participation in the 24/7 sobriety program can shorten the wait for a restricted permit.

Watch out: The license suspension is an administrative action through the DOT that runs separately from the criminal case. You can resolve the criminal charge and still serve the full suspension, and you generally must request an administrative hearing quickly after arrest to contest it.

Ignition interlock and the 24/7 sobriety program in North Dakota

North Dakota does not impose an automatic ignition interlock device (IID) on every first DUI, which sets it apart from states that mandate the device for all offenders. Instead, an offender who wants to keep driving during the suspension may apply for a restricted license, and the North Dakota DOT notes that a restricted license is generally available after 30 days. A driver who enrolls in the statewide 24/7 sobriety program, which requires twice-daily breath tests or continuous alcohol monitoring, may obtain a temporary restricted license after only 14 days under section 39-06.1-11(2). The 24/7 program is used heavily in repeat-offender cases and as a condition of release. Interlock devices and continuous monitoring become more central for second and later offenses, where the penalties and supervision requirements increase sharply.

License suspension and the administrative process in North Dakota

North Dakota runs an administrative suspension alongside the criminal DUI case. When a driver fails the chemical test at 0.08 percent or more, or refuses it, the DOT moves to suspend or revoke the driving privilege independent of what happens in court. According to the North Dakota DOT, a first offender faces a 91-day suspension when the BAC is below 0.18 percent and 180 days when it is 0.18 percent or more. Suspensions lengthen for repeat offenses, reaching two years or longer for a third or subsequent offense. The arresting officer issues a temporary operator's permit and a notice that explains the right to request an administrative hearing, and the driver must act within the statutory deadline to preserve that hearing. After the suspension, the driver must satisfy reinstatement requirements, including completing the required addiction evaluation and any treatment.

Repeat offenses and the North Dakota look-back period

North Dakota counts prior DUIs within a seven-year look-back window to escalate the first, second, and third offenses. Under the penalty structure described by the North Dakota State Highway Patrol, a first or second offense within seven years is a class B misdemeanor, and a third offense within seven years is a class A misdemeanor, punishable by up to one year in jail and a $3,000 fine, with mandatory minimums and longer supervision. The felony threshold is the fourth offense: a fourth or subsequent DUI is a class C felony when the prior offenses fall within a fifteen-year period, punishable by up to five years in prison and a $10,000 fine, with a mandatory minimum term. A DUI that causes serious injury or death can be charged as a felony, such as criminal vehicular injury or homicide, regardless of offense number.

Watch out: Refusing the chemical test does not avoid consequences and can make them worse. In North Dakota a refusal is itself a crime that can be charged like a DUI, and it can trigger a license revocation of 180 days to three years.

Refusing a breath or blood test in North Dakota

North Dakota's implied consent law, Century Code Chapter 39-20, provides that anyone who operates a vehicle has consented to a chemical test if lawfully arrested for DUI. North Dakota is unusual in that refusing the post-arrest chemical test is itself a separate crime, punishable on the same scale as the underlying DUI offense, in addition to the administrative consequences. According to the North Dakota State Highway Patrol, refusing a chemical test may be considered a crime and may result in revocation of driving privileges for 180 days to three years. Because the refusal revocation can be far longer than the 91-day suspension for failing the test, refusing usually makes the license consequences worse, and officers may also seek a warrant for a blood draw in many circumstances.

Can you expunge or seal a DUI in North Dakota

North Dakota allows sealing of some criminal records, but the path for a DUI is narrow. Under the state's record-sealing law in Century Code 12.1-32-07.2, a person may petition the court to seal a criminal record after a waiting period that runs from completion of the sentence, often three years for a misdemeanor and five years for a felony, and the court weighs the public interest before granting it. A DUI conviction is not automatically erased, and sealing is discretionary rather than guaranteed. Even when a record is sealed for general background-check purposes, a prior DUI can still count toward the seven-year look-back and the felony enhancement, and the driving record kept by the DOT is separate from the court record. People considering this option often confirm the current eligibility rules and waiting periods before petitioning.

What to do after a DUI arrest in North Dakota

A North Dakota DUI creates two matters at once: a criminal case in court and an administrative license case at the DOT. The deadlines are short, and the temporary permit issued at arrest explains the limited window to request an administrative hearing, so many people act on that notice promptly and gather the arrest paperwork and any test results. The criminal case proceeds on its own schedule from initial appearance through pretrial and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the BAC, the evidence, and your record. Many people consult a licensed North Dakota DUI attorney to understand the charge, the refusal exposure, the suspension, and the options for both the criminal case and the license case.