nunst056

North Dakota DUI/DWI Laws

Click your County to find your FORMER PROSECUTOR Now!

Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .18
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Possibility (at the discretion of the judge)
  • Vehicle and License Plate Sanctions – Yes – Vehicle impoundment or confiscation and restricted plates

General State Information

  • State Penal Code – ND Code Chapter 39-08 to 39-08-01
  • Open Container Laws – Yes
  • Repeat Offender Laws – None
  • Check Points – Yes
  • Alcohol Exclusion Laws Limiting Treatment – Yes

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in North Dakota are:

 

1st Refusal

2nd Refusal

3rd Refusal

Lookback Period

  • In North Dakota the lookback period is 5 years
  • Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

Zero Tolerance

  • Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
  • A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

 

2nd Offense

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

1st Offense

  • $500 – $1500 fine

 

2nd Offense

  • $1000 – $1500 fine

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

1st Offense

  • $500 – $1500 fine

 

2nd Offense

  • $1000 – $1500 fine

CDL Drivers (Commercial)

  • Those with a commercial driver’s license (CDL) are held to a stricter standard
  • The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
  • An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
  • A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

SR-22 Insurance Requirements

  • SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
  • Most, but not all states have SR-22 statutes
  • In North Dakota an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
  • You must maintain your SR-22 for 1 year following the restoration of your driving privileges
  • Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

Wet Reckless

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • North Dakota does allow for plea bargains in DUI/DWI cases
  • It can only be pleaded down to reckless driving
  • This allows you to avoid a criminal record
  • Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
  • The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
  • This plea bargain is typically only allowed for first time offenders with no aggravating factors involved