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North Dakota DUI Laws for First Offenders

  DUI Laws & Info  -   POSTED: 2007/01/13 17:20

The North Dakota Department of Transportation (NDDOT) and the North Dakota court systems are harsh on people driving under the influence (DUI) of drugs/alcohol.

If you are arrested for a DUI, you will face both criminal court penalties and administrative penalties against your driving privileges. If convicted, you'll be required to pay fines, serve jail time, wait out a ND driver's license suspension, complete an alcohol education program, and pay reinstatement fees.

On this page you'll find information about the definitions of a DUI in North Dakota, some of the common penalties, and the steps you may need to take to reinstate your driver's license.

North Dakota DUI/DWI Definitions

In North Dakota, you will be arrested for, and possibly convicted of, a DUI if your alcohol content (AC) is:
•0.08% or more.
•0.02% or more, if you are younger than 21 years old.
•0.04% or more, if you are driving a commercial vehicle.

NOTE: Depending on the circumstances of your offense, subsequent arrest, and the discretion of your judge, you may receive a DUI even if your BAC was lower than the legal limits.

DUI Penalties in North Dakota

You will receive penalties for a DUI as a result of a court conviction AND through administrative procedures of the North Dakota Department of Transportation (DOT).

Generally, you will receive higher penalties for high AC DUIs and for multiple offenses within a certain time frame. The specific circumstances of your DUI can also lead to higher penalties.

Administrative Penalties

Administrative penalties are in addition to and not influenced by any criminal penalties. You may not be convicted in a criminal court but still lose your license with Administrative penalties.

If you fail or refuse a chemical test (alcohol content test) you will have your license suspended or revoked by the Department of Transportation. If you wish to fight the suspension or revocation you must request a hearing within 10 days from the date you received your Report and Notice form. The hearing will take place within 30 days of the request.

If you do not request a hearing your suspension or revocation will go into effect 25 days from the date of the Report and Notice form. It is important to read your Report and Notice for as it will let you know if you are eligible to drive during the 25 days before your license is officially suspended.

1st offense DUI
•Alcohol content is 0.08% to 0.17%: Driver's license suspension: 91 days.
•Alcohol content is 0.18% or over: Driver's license suspension: 180 days.

2nd offense DUI within 5 years
•Alcohol content is 0.08% to 0.17%: Driver's license suspension: 365 days.
•Alcohol content is 0.18% or over: Driver's license suspension: 2 years.

3rd offense DUI within 5 years
•Alcohol content is 0.08% to 0.17%: Driver's license suspension: 2 years.
•Alcohol content is 0.18% or over: Driver's license suspension: 3 years.

Drivers under 21 years old face the same penalties if they drive with an alcohol content of 0.02% or more.

Refusing an Alcohol Content Test
•1st offense: Driver's license revoked 1 year.
•2nd offense within 5 years: Driver's license revoked 3 years.
•3rd offense or greater within 5 years: Driver's license revoked 4 years.

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