You are DUI/ in North Dakota if your blood alcohol content (BAC) is .08% or higher. A first offender is someone with no DUI or related charge in the last seven years.

Penalties for Driving Under the Influence (first offense is a Class 1 misdemeanor)

Jail

First offense is rarely punishable by imprisonment. There is no mandatory minimum jail punishment, and you may not receive jail time unless your BAC was .15% or higher.

Fine

A fine of $250 to $1000, with a mandatory minimum of $250.

License Suspension

Your driving privileges will be revoked for not less than 91 days on a first offense with a BAC of between .08% and .17, and 180 days if your BAC was .18 or higher. Reinstatement Fee: $50

Work Permit

The court may issue an order permitting you to drive to your job or to attend a court-ordered counseling program. Work Permit is allowable only on 1st offense. Cost $50.

Assessment / Treatment

In North Dakota results of an alcohol assessment are provided to the judge/administrator presiding over your case and to the Drivers License & Traffic Safety Division. The offender is referred to treatment on the basis of the assessment by order of the court. There is no legally mandated treatment period for first offenders.

Test Refusal

If you refuse a breath, blood or urine test, you will lose your driver license for one year, if this is your first refusal. Refusal can be set aside only if you has never been convicted of a DUI. You can lose your license just for refusing to take the test even though you may not have been drinking at all.

Under 21

If you are under 21 and had at least .02% of alcohol in your blood while in control of a motor vehicle, you will lose their license for six months.

Refusing to submit to a chemical test can result in a one year revocation of your license.

Insurance

A conviction can significantly increase not only your own insurance rates, but possibly those of your family members, and perhaps even of your employer.

Even Greater Penalties

Even greater penalties are applicable if your DUI involved an accident, injury, or death.