Penalties for driving with an alcohol content of .08, up to .17 and .18 or greater:
1st DUI
- Up to .17: 91 days' suspension
- .18 or greater: 180 days suspension
- (in both cases, work permit is possible after 30 days.)
- Minimum fine of $250
- Mandatory referral to addiction facility for alcohol evaluation
- Higher automotive insurance
2nd DUI
- Up to .17: 365 days' suspension
- .18 or greater: 2 years' suspension
- (No work permit in either case.)
- Minimum fine $500
- 5 days' imprisonment or 30 days community service
- Mandatory referral to addiction facility for alcohol evaluation
3rd DUI
- Up to .17: 2 years' suspension
- .18 or greater: 3 years' suspension
- Minimum fine $1,000
- 60 days' imprisonment
- Mandatory referral to addiction facility for alcohol evaluation
4th DUI
- Suspension period and fine same as 3rd DUI.
- Driving privileges restored only after the offender has completed addiction treatment, served minimum suspension and not committed any alcohol-related offenses for at least two consecutive years after treatment
- 180 days' imprisonment
5th DUI
- Class C felony
- Maximum fine $5,000
- Maximum of 5 years' imprisonment
Additional penalties may include a $100 operator license reinstatement fee, SR-22 filing (high risk insurance), impoundment of the motor vehicle license plates or seizure of the motor vehicle.
North Dakota has a zero tolerance for anyone under the age of 21 operating a motor vehicle when blood alcohol measures .02 and above.
If you see an impaired driver on the road you can report this to law enforcement by phoning 911.
Tips for detecting impaired drivers:
- Problems maintaining proper lane position
- Speed and braking problems
- Driving in wrong lane
- Driving without lights at night
- Failure to signal
- Judgment problems
