North Dakota Reckless Driving Laws: Penalties, Points and Racing

North Dakota makes reckless driving a class B misdemeanor under N.D.C.C. 39-08-03, which covers driving "recklessly in disregard of the rights or safety of others" or driving "without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another." Reckless driving that injures someone is aggravated reckless driving, a class A misdemeanor, while careless driving, speeding and racing are noncriminal violations handled with a fee and driver's license points.

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers North Dakota Century Code provisions on reckless and aggravated reckless driving (39-08-03), careless driving, exhibition driving and racing, fleeing a peace officer, the related point and license rules in Chapters 39-06 and 39-06.1, and driving without a valid license. It does not cover DUI penalties (see North Dakota DUI laws), homicide offenses (see North Dakota manslaughter laws), leaving the scene of a crash (see North Dakota hit-and-run laws), city ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in North Dakota?

Section 39-08-03 of the North Dakota Century Code defines reckless driving in two alternative ways:

"Any person is guilty of reckless driving if the person drives a vehicle: 1. Recklessly in disregard of the rights or safety of others; or 2. Without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another." N.D.C.C. 39-08-03

The first form turns on reckless disregard of other people's rights or safety. The second has no separate mental-state word: it covers driving without due caution and circumspection, at a speed or in a manner that endangers, or is likely to endanger, a person or another person's property. Either form is enough.

Where it applies

Section 39-10-01(1) provides that the Title 39 vehicle-operation rules apply "upon highways or other places open to the public for the operation of vehicles," but Section 39-10-01(2) carves out a list that applies more broadly. It provides that the provisions of the title, "or equivalent ordinances, relating to reporting of accidents, careless driving, exhibition driving, drag racing, reckless or aggravated reckless driving, driving while under the influence of intoxicating liquor or controlled substances, or fleeing or attempting to elude a peace officer apply upon highways and elsewhere."

Section 39-09-06 adds that the speed-limit exemptions for authorized emergency vehicles "do not protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others."

Is reckless driving a misdemeanor in North Dakota? Penalties

Yes. Section 39-08-03 provides that, "Except as otherwise herein provided, any person violating the provisions of this section is guilty of a class B misdemeanor." It also creates a higher tier:

"Any person who, by reason of reckless driving as herein defined, causes and inflicts injury upon the person of another, is guilty of aggravated reckless driving, and is guilty of a class A misdemeanor." N.D.C.C. 39-08-03

The class ranges come from Section 12.1-32-01:

Section 39-08-03 has no separate tier for a second offense or for property damage.

Reckless driving is never a pay-the-fee ticket

Most North Dakota traffic citations are noncriminal. Section 39-06.1-02(1) provides that a person cited for a traffic violation "other than an offense listed in section 39-06.1-05, is deemed to be charged with a noncriminal offense." Section 39-06.1-05(2) puts "Reckless driving or aggravated reckless driving in violation of section 39-08-03, or an equivalent ordinance" on that list of excepted offenses, so the noncriminal procedures in 39-06.1-02 and 39-06.1-03 "may not be utilized" for it. The same list begins with DUI under 39-08-01.

How fast is reckless driving in North Dakota?

North Dakota sets no speed at which driving becomes reckless by itself. The reckless driving section reaches speed through its second form, driving without due caution "at a speed or in a manner so as to endanger or be likely to endanger" people or property, which turns on the circumstances rather than a number.

Ordinary speeding is a noncriminal violation. Except as provided in 39-06.1-06(6), a violation of the speed-limit section, 39-09-02, carries "a fee of twenty dollars, or three dollars for each mile per hour over the limit, whichever is greater," with "An additional fee of twenty dollars" for a violation of 16 mph or more over the limit (39-06.1-06(4)).

Reckless driving points and license suspension in North Dakota

North Dakota runs a point system in Section 39-06.1-10. The rows relevant to this page are:

Suspension by points. Under Section 39-06.1-10(2), if the director confirms, "after hearing or opportunity for hearing," that a driving record has an accumulated total of twelve or more points, the director "shall suspend" the license: 7 days at twelve points, and "7 days for each point over eleven" at thirteen points and above.

Drivers under 18. Section 39-06-01.1(1) requires the director to cancel the license of a person whose accumulated point total under 39-06.1-10 exceeds five points if the acts were committed while the person was a minor and the person admitted the violation, the official with jurisdiction determined that the person committed it, or the person pled guilty to, was convicted of or was adjudicated to have committed the offense.

Serious injury. Section 39-06-31(2) requires the director to revoke a license "for a period of one year or for a period as may be recommended by the trial court" on a conviction of "A misdemeanor resulting from the operation of a motor vehicle and causing serious bodily injury, as defined in section 12.1-01-04, to another individual," or of a felony in which a motor vehicle was used.

Unpaid fines. Section 39-06-32(5) lists, among the grounds for suspension, a failure "to pay a fine or serve any other sentence as ordered by a court upon conviction for any criminal traffic offense."

For commercial drivers, North Dakota defines a "serious traffic violation" to include a conviction, when operating a commercial motor vehicle, of "Reckless driving, as defined under section 39-08-03 or local ordinance" (39-06.2-02(30)). Federal rule 49 C.F.R. 383.51 (Table 2) disqualifies a commercial license holder for 60 days on a second serious traffic violation conviction in a separate incident within 3 years and 120 days on a third, and a conviction in a personal vehicle counts only if it results in a revocation, cancellation or suspension of the license or non-commercial driving privileges; the reckless driving laws by state hub covers the federal layer.

Careless driving in North Dakota

Careless driving is North Dakota's lower-tier offense, and unlike reckless driving it is not a crime. Section 39-09-01(1) provides that a person "may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and shall drive with regard to existing actual and potential hazards," and lists situations calling for a safe and appropriate speed, such as intersections, railroad crossings, curves, hill crests, narrow or winding roads, and special hazards from pedestrians, traffic, weather or highway conditions. A person who violates that rule on a highway or on private or public property open to the public "is guilty of careless driving and must be assessed a fee of one hundred dollars." The fee schedule in Section 39-06.1-06(2)(i) still lists "a fee of thirty dollars" for a violation of 39-09-01. Careless driving adds 6 points.

Under Section 39-09-01(2), careless driving becomes an infraction (a maximum fine of $1,000 under 12.1-32-01(7)) if the driver:

• causes and inflicts injury on the operator of snow removal equipment engaged in snow removal;
• causes and inflicts injury on a first responder or an authorized emergency vehicle operator or occupant acting in an official capacity and displaying a flashing, revolving or rotating blue, white or red light or hazard warning signal while stationary on the side of a roadway, or on a person assisting someone displaying a hazard warning light while stationary on the side of a roadway; or
• causes damage in excess of $4,000 to snow removal equipment engaged in snow removal or to an authorized emergency vehicle.

A separate rule, Section 39-09-01.1, requires a driver on a highway to "drive the vehicle in a careful and prudent manner, having due regard to the traffic, surface, and width of the highway and other conditions then existing," and provides that "No person may drive any vehicle upon a highway in a manner to endanger the life, limb, or property of any person." The fee schedule lists "a fee of thirty dollars" for it (39-06.1-06(2)(j)).

Chapters 39-08, 39-09 and 39-10 of the Century Code contain no separate aggressive driving offense.

Street racing and exhibition driving in North Dakota

Section 39-08-03.1(1) provides that "No person may engage in exhibition driving of any vehicle on a highway, street, alley, sidewalk, or any public or private parking lot or area, nor may any person engage in a race, a speed competition, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration."

The section defines its terms:

• Exhibition driving is "driving a vehicle in a manner which disturbs the peace by creating or causing unnecessary engine noise, tire squeal, skid, or slide upon acceleration or braking; or driving and executing or attempting one or a series of unnecessarily abrupt turns."
• Drag race covers two or more vehicles accelerating side by side "in a competitive attempt to cause one vehicle to outdistance the other," or vehicles run over a common course to compare speed or acceleration within a certain distance or time limit.
• Race covers using vehicles to outgain or outdistance another vehicle, to willfully prevent another vehicle from passing, or to test the drivers' stamina or endurance over a long-distance route.

The penalties are fees, not criminal sentences: "a fee of fifty dollars" for exhibition driving, and "a fee of one hundred dollars" for a drag race or race (39-08-03.1(1)). Racing or drag racing adds 10 points and exhibition driving 3. Section 39-08-03.1(3) exempts drag racing, exhibition driving and similar events "carried out in an organized manner on a track or other privately owned area specifically set aside and used solely for such purposes."

North Dakota's vehicle code has no separate street takeover offense; the exhibition driving definition covers unnecessary tire squeal, skids and slides upon acceleration or braking, and abrupt turns.

Fleeing a peace officer in North Dakota

Section 39-10-71(1) applies to a driver who "willfully fails or refuses to bring the vehicle to a stop, or who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a stop." The grade is:

• Class A misdemeanor for a first offense;
• Class C felony for a subsequent offense within three years;
• Class C felony if the driver flees "during or after the commission of a felony"; or
• Class C felony if, at any time during the flight or pursuit, the driver "willfully operates the vehicle in a manner constituting an inherent risk of death or serious bodily injury to a third person."

Fleeing in a motor vehicle from a peace officer adds 24 points. House Bill 1229, effective August 1, 2025, added Section 39-10-71.1, under which "The owner of a motor vehicle involved in a violation of section 39-10-71 is presumed to have violated this section," subject to the exceptions it lists. The owner violation carries a fee of $100 for a first violation and $500 for a second or later violation, except as provided in 39-10-71.1 (39-06.1-06(2)(p)), and an individual may not be charged under both 39-10-71.1 and 39-10-71 for acts arising out of the same incident (39-10-71.1(5)).

Is there a wet reckless in North Dakota?

The DUI sections of Chapter 39-08 (39-08-01 through 39-08-01.6) and Chapter 39-20 contain no provision on reducing a DUI charge to reckless driving, but one of them counts a prior reckless driving conviction. Under Section 39-08-01.2(1), criminal vehicular homicide (a DUI under 39-08-01 that causes the death of another individual) carries at least three years' imprisonment, and if the individual was "previously convicted of a violation of section 39-08-01 or 39-08-03, or equivalent ordinance, the court shall impose at least ten years' imprisonment." Section 39-08-03 is the reckless driving section. Under Section 39-08-01.2(2), criminal vehicular injury (a DUI that causes substantial or serious bodily injury to another individual) carries at least one year and one day, rising to at least two years with a prior DUI or reckless driving conviction. Section 39-06.1-05 also lists DUI and reckless driving among the offenses that cannot be handled through the noncriminal fee procedure. For DUI penalties, see North Dakota DUI laws.

Driving without a license in North Dakota

No valid license. Section 39-06-01(1) provides that an individual, unless exempted, "may not drive any motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state unless the individual has a valid license as an operator under this chapter or a temporary operator's permit issued under chapter 39-20." Driving without a license under 39-06-01 is handled as a noncriminal violation with a fee of one hundred fifty dollars (39-06.1-06(9)) and is listed on the point schedule (39-06.1-10(3)(a)(23)).

License not in possession. Section 39-06-16 requires a licensed driver to carry a physical or electronic license and provide it on demand, but an individual charged under that section "may not be convicted or assessed any court costs if the individual produces within fourteen days to the office of the prosecutor where the matter is pending, a valid operator's license issued to that individual that is not under suspension, revocation, or cancellation at the time of the individual's arrest."

Driving while suspended or revoked (Section 39-06-42).

• Driving on a highway or a public or private area open to vehicles while the license is suspended or revoked in any jurisdiction is a class B misdemeanor for the first, second or third offense within a five-year period, and a class A misdemeanor for any subsequent offense within the same five years (39-06-42(1)), except as provided in 39-06.1-11.
• If the suspension or revocation was imposed for DUI under 39-08-01 (or an equivalent ordinance) or was governed by 39-06-31 or Chapter 39-20, "the sentence must be at least four consecutive days' imprisonment and a fine as the court deems proper," and the sentence may not be suspended or deferred under 12.1-32-02(3) or (4) (39-06-42(2)).
• Section 39-06-42(3) provides that a court "may dismiss a charge under this section upon motion by the defendant if the defendant's operator's license is reinstated within sixty days of the date of the offense and the defendant provides to the court satisfactory evidence of the reinstatement," or, upon motion, may amend the charge to a violation of 39-06-01.
• In addition to any other punishment, the court may order the number plates of the vehicle the offender owned and was driving at the time of the offense to be destroyed by the sheriff (39-06-42(4)).

North Dakota reckless driving and related offenses: penalty table

The misdemeanor and infraction ranges come from N.D.C.C. 12.1-32-01: a class A misdemeanor carries a maximum of 360 days, a $3,000 fine, or both; a class B misdemeanor a maximum of 30 days, a $1,500 fine, or both; and an infraction a maximum fine of $1,000. A class C felony carries a maximum of five years, a $10,000 fine, or both. For the felony classes and the full table, see North Dakota felony and misdemeanor classes.

Vehicular homicide in North Dakota

When driving causes a death, the homicide offenses are covered on the North Dakota manslaughter laws page.

Recent changes to North Dakota reckless driving laws

• 2025: careless driving. Senate Bill 2132, effective August 1, 2025, raised the careless driving fee in 39-09-01 from thirty to one hundred dollars, raised the snow-removal-equipment damage threshold for the infraction tier from $1,000 to $4,000, and added infraction cases for injuring a stationary first responder, an emergency vehicle operator or occupant, or a person assisting a stopped motorist, and for damage over $4,000 to an emergency vehicle. The general fee schedule in 39-06.1-06(2)(i) still lists thirty dollars.
• 2025: fleeing. House Bill 1229, effective August 1, 2025, added Section 39-10-71.1, the presumption that the owner of a vehicle involved in a fleeing violation has violated that section.

Related North Dakota laws

• Reckless driving laws by state
• North Dakota DUI laws
• North Dakota manslaughter laws
• North Dakota felony and misdemeanor classes
• North Dakota hit-and-run laws
• North Dakota expungement laws

This article is general legal information about North Dakota law, not legal advice. For a specific situation, contact a lawyer licensed in North Dakota, or the North Dakota Department of Transportation for driver's license questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a misdemeanor in North Dakota?

Yes. N.D.C.C. 39-08-03 makes reckless driving a class B misdemeanor, with a maximum of 30 days in jail, a $1,500 fine, or both. Aggravated reckless driving, which causes injury to another person, is a class A misdemeanor with a maximum of 360 days, $3,000, or both.

Can I just pay a fee for a reckless driving ticket in North Dakota?

No. Section 39-06.1-05 bars the noncriminal fee procedure for reckless driving and aggravated reckless driving, so the charge proceeds as a misdemeanor. Careless driving, speeding and racing do use that fee procedure.

How fast is reckless driving in North Dakota?

North Dakota sets no speed that is reckless driving by itself. Section 39-08-03 covers driving without due caution at a speed or in a manner that endangers or is likely to endanger people or property, and speeding is a separate noncriminal fee violation (39-06.1-06(4)).

How many points is reckless driving in North Dakota?

Eight points, and 12 for aggravated reckless driving (N.D.C.C. 39-06.1-10). An accumulated total of 12 points brings a 7-day suspension, and each point above 11 adds 7 more days, after a hearing or the opportunity for one.

What is careless driving in North Dakota?

Driving at a speed greater than is reasonable and prudent under the conditions, or without regard to existing and potential hazards (N.D.C.C. 39-09-01). It is a noncriminal violation that adds 6 points, and an infraction in the listed injury and damage cases.

Does North Dakota have a wet reckless?

The DUI sections 39-08-01 through 39-08-01.6 and Chapter 39-20 contain no provision on reducing a DUI charge to reckless driving. Section 39-08-01.2 does count a prior reckless driving conviction under 39-08-03: with a prior DUI or reckless driving conviction, the minimum prison term rises to ten years for criminal vehicular homicide and to two years for criminal vehicular injury.

Is street racing illegal in North Dakota?

Yes. N.D.C.C. 39-08-03.1 bars racing, drag racing, speed competitions and exhibition driving on highways, streets, sidewalks and public or private parking lots. Racing and drag racing carry a $100 fee and 10 points, and exhibition driving a $50 fee and 3 points.

What is the penalty for driving with a suspended license in North Dakota?

A class B misdemeanor for a first, second or third offense within five years, and a class A misdemeanor after that (N.D.C.C. 39-06-42). If the suspension was imposed for DUI or was governed by 39-06-31 or Chapter 39-20, the sentence must include at least four consecutive days in jail.