1st Offense
Class B misdemeanor
- $500 fine if below .16 blood alcohol concentration (BAC)
- Two days imprisonment and $750 fine if BAC .16 or greater
- 91 day suspension if below .18 BAC
- 180 day suspension if .18 BAC or greater
- Addiction evaluation
2nd Offense in 7 years
Class B misdemeanor
- Ten days imprisonment and $1,500 fine
- 360 days’ participation in the 24/7 program
- 365 day suspension if below .18 BAC
- Two year suspension if .18 BAC or greater
- Addiction evaluation
3rd Offense in 7 years
Class A misdemeanor
- 120 days imprisonment and $2,000 fine
- 360 days’ participation in the 24/7 program
- 360 days’ supervised probation
- Two year suspension if below .18 BAC
- Three year suspension if .18 BAC or greater
- Addiction evaluation
4th and Subsequent Offenses in 15 years
Class C felony
- One year and one day imprisonment and $2,000 fine
- Two years’ participation in 24/7 program
- Two years’ supervised probation
- Addiction evaluation
Other Possible Penalties:
- Penalty for a DUI with a minor in the vehicle is up to one year imprisonment and/or a $2,000 fine.
- Refusal to submit to a chemical test as required by law may be considered a crime and may result in revocation of your driving privileges for 180 days to 3 years.
- Criminal Vehicular Injury results in up to five years imprisonment.
- Criminal Vehicular Homicide results in up to 20 years imprisonment
12.1-32-01. Classification of offenses – Penalties.
Offenses are divided into seven classes, which are denominated and subject to maximum penalties, as follows:
- Class AA felony, for which a maximum penalty of life imprisonment without parole may be imposed. The court must designate whether the life imprisonment sentence imposed is with or without an opportunity for parole. Notwithstanding the provisions of section 12-59-05, a person found guilty of a class AA felony and who receives a sentence of life imprisonment with parole, shall not be eligible to have that person’s sentence considered by the parole board for thirty years, less sentence reduction earned for good conduct, after that person’s admission to the penitentiary.
- Class A felony, for which a maximum penalty of twenty years’ imprisonment, a fine of twenty thousand dollars, or both, may be imposed.
- Class B felony, for which a maximum penalty of ten years’ imprisonment, a fine of twenty thousand dollars, or both, may be imposed.
- Class C felony, for which a maximum penalty of five years’ imprisonment, a fine of ten thousand dollars, or both, may be imposed.
- Class A misdemeanor, for which a maximum penalty of imprisonment for three hundred sixty days, a fine of three thousand dollars, or both, may be imposed.
- Class B misdemeanor, for which a maximum penalty of thirty days’ imprisonment, a fine of one thousand five hundred dollars, or both, may be imposed.
- Infraction, for which a maximum fine of one thousand dollars may be imposed. Any person convicted of an infraction who has, within one year prior to commission of the infraction of which the person was convicted, been previously convicted of an offense classified as an infraction may be sentenced as though convicted of a class B misdemeanor. If the prosecution contends that the infraction is punishable as a class B misdemeanor, the complaint shall specify that the offense is a misdemeanor.
This section shall not be construed to forbid sentencing under section 12.1-32-09, relating to extended sentences. 12.1-32-01.1.
North Dakota has a zero tolerance for anyone under the age of 21 operating a motor vehicle when blood alcohol measures .02 and above.
Source: North Dakota Century Code 12.1-32-01
North Dakota Implied consent – evidence of refusal
- Proof of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was driving under the influence. NDCC, 39-20-08.
North Dakota Implied consent – administrative / civil penalty for refusal
- First refusal with no prior driver’s suspension or conviction in past seven years driver’s license suspended for 180 days.
- Refusal with one prior suspension for refusal or conviction in past seven years driver’s license suspended for two years.
- Refusal with two or more prior suspensions for refusal or conviction in past seven years driver’s license suspended for three years. NDCC, 39-20-04(1).
North Dakota Implied consent – criminal penalty for refusal
- Refusing a chemical test is a crime subject to the same penalties as a conviction. NDCC, 39-20-01(3)(a). The constitutionality of this, however, has been called into question by the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), which holds that a state cannot place criminal penalty on a driver’s refusal to undergo a warrantless blood test to determine alcohol concentration.
North Dakota DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction driver’s license suspended for 91 days.
- Second conviction within seven years driver’s license suspended for one year.
- Third or subsequent conviction within seven years driver’s license suspended for two years. NDCC, 39-06.1-10(8).
- If court allows offender to have a temporary restricted license, the court may direct that an IID be installed. NDCC, 39-06.1-11(4). Conviction – criminal penalties (jail sentence, fines, community service) First conviction Class B misdemeanor; jail sentence up to 30 days; fine of $500-$1,500.
- Second conviction within seven years Class B misdemeanor; jail sentence of 10-30 days; fine of $1,500. Third conviction within seven years Class A misdemeanor; jail sentence of 120 days to one year; fine of at least $2,000.
- Fourth or subsequent conviction within 15 years Class C felony; jail sentence of one to five years; fine of $2,000. NDCC, 39-08-01(5); NDCC, 12.1-32-01.
- Additional penalties if the offender commits a violation while causing death or serious bodily injury to another person. NDCC, 39-08-01.2.
Child endangerment
- A person age 21 or older committing a violation with a minor in the vehicle as a passenger. NDCC, 39-08-01.4.
Source: Drugged Driving: 2016 Summary of Key Provisions of State Laws
