DUI Laws in North Dakota: Penalties, BAC Limits & License Suspension

If you were just arrested for drunk driving in North Dakota, here is what matters right now: the charge is called DUI under North Dakota law, the standard per se limit is a blood alcohol concentration (BAC) of 0.08%, and if you were given a "Report and Notice" form and a temporary permit at the time of your arrest, you have only 10 days from the date it was issued to request an administrative hearing with the North Dakota Department of Transportation (NDDOT) — or your license will be suspended automatically when the temporary permit runs out. That deadline is separate from your criminal case and it does not wait for a lawyer, a court date, or a plea. Read the hearing-deadline section below first if you are on the clock.

What North Dakota Calls This Charge

North Dakota's motor vehicle code (N.D.C.C. Chapter 39-08) refers to the offense as being "under the influence of intoxicating liquor or any other drugs" while driving or in actual physical control of a vehicle. In everyday use, North Dakota courts, the NDDOT, and the North Dakota Highway Patrol all call it DUI. You will sometimes see "actual physical control" (APC) charged separately — that applies when you're found impaired in a parked or stopped vehicle, even if you never drove.

North Dakota's BAC Limits

• Standard limit — 0.08%. This is the nationwide per se threshold: a BAC of 0.08% or higher is enough by itself to support a DUI charge, regardless of how you were driving.
• Commercial driver's license (CDL) — 0.04%. A CDL holder operating a commercial motor vehicle at 0.04% BAC or higher is disqualified from commercial driving for at least one year on a first violation, and a DUI conviction in any vehicle can trigger a CDL disqualification separately.
• Under 21 (zero tolerance) — 0.02%. North Dakota's zero-tolerance law sets the threshold for drivers under 21 at just 0.02% BAC — far below the adult limit. Any measurable trace of alcohol can result in a violation.
• Aggravated / high-BAC thresholds — 0.16% and 0.18%. North Dakota uses two different enhancement points. A BAC of 0.16% or higher triggers an enhanced minimum criminal penalty (a larger mandatory fine plus mandatory jail time even on a first offense). A BAC of 0.18% or higher triggers a longer mandatory administrative license suspension. See the first-offense section below.

These figures come from N.D.C.C. Chapter 39-08 and Chapter 39-06.2 and the NDDOT's penalties summary. Confirm the current statute before relying on any exact figure, since the legislature periodically revises these numbers.

Implied Consent and Refusing a Chemical Test

By driving on North Dakota roads, you're deemed under N.D.C.C. Chapter 39-20 to have already consented to a chemical test (breath, blood, or urine) if an officer has reasonable grounds to believe you were driving impaired. You can still say no in the moment, but refusal has real, separate consequences:

• Automatic license revocation. A first refusal results in a 180-day license revocation. A second refusal within a seven-year window increases to 2 years, and a third or later refusal to 3 years (N.D.C.C. Chapter 39-20).
• Refusal is not "getting away with it." North Dakota's implied consent law allows your refusal to be used as evidence against you in a related civil or criminal proceeding — a jury or judge can be told you refused and asked to draw its own conclusions.
• Refusal triggers its own administrative revocation on top of whatever happens with the underlying DUI charge, and the two run independently.

The Administrative Hearing Deadline You Cannot Miss

This is the part people miss because it feels administrative, not criminal — but it moves fast and it happens regardless of what happens in your criminal case. If you failed the test or refused it, the officer issues a "Report and Notice" that doubles as a temporary operator's permit, valid for only 25 days from the date it's issued.

• You have 10 days from the date the temporary permit was issued to mail or otherwise submit a request for an administrative hearing to the Director of the North Dakota Department of Transportation (N.D.C.C. § 39-20-05).
• If you don't request a hearing in time, your license is suspended or revoked automatically once the 25-day temporary permit expires — with no hearing and no chance to contest it administratively.
• If you do request a hearing, it must be held within 30 days of the permit's issuance, and your temporary driving privileges continue until the hearing officer decides.

Because this window is so short, request the hearing the same day you're released, even before you've hired a lawyer — you can always withdraw the request later, but you cannot get the 10 days back once they pass. Confirm the current mailing address, online request option, and any recent rule changes directly with NDDOT Driver License Services.

First-Offense Penalties

North Dakota treats a standard first DUI (BAC under 0.16%) as a class B misdemeanor, with penalties that step up sharply at the 0.16% and 0.18% marks:

• License suspension: around 91 days for a first offense under 0.18% BAC, extending to around 180 days at 0.18% or above. NDDOT's own guidance describes these figures, but suspension length can be affected by refusal, prior record, or a plea agreement, so confirm your specific timeline with NDDOT or your attorney.
• Fines and jail: NDDOT lists a minimum $500 fine for a standard first offense, rising to a $750 fine plus two days' mandatory imprisonment when BAC is 0.16% or higher, along with a required chemical-dependency (addiction) evaluation. Treat these as floors, not ceilings — courts can impose more, and the legislature updates these minimums periodically, so confirm the current figures and your maximum exposure with the district court or a North Dakota-licensed defense attorney.
• Ignition interlock device (IID): North Dakota does not automatically require an IID for every first-offense DUI the way some states do. Courts have discretion to order one, and an IID is more likely to be ordered — or offered as a path to a restricted license during a suspension period — when the BAC was in the aggravated range (0.16%/0.18%+). Ask the court or NDDOT whether an interlock-restricted license is available in your case and what it requires.

How Far Back Prior DUIs Count (Lookback Period)

North Dakota generally counts prior DUI convictions within a seven-year lookback period to determine whether a new charge is treated as a first, second, or third offense. For a fourth or subsequent offense, the law instead looks back fifteen years. A DUI that falls outside the applicable lookback window generally will not enhance a new charge to the next offense level, though it can still be considered at sentencing.

When a DUI Becomes a Felony in North Dakota

Most North Dakota DUIs are misdemeanors, but several circumstances elevate the charge to a felony:

• Fourth or subsequent offense within 15 years is a class C felony under N.D.C.C. Chapter 39-08.
• Minor passenger in the vehicle. North Dakota law enhances penalties, and can elevate the charge, when a minor was in the vehicle at the time of the offense — the exact classification depends on your prior record, so confirm with a defense attorney.
• Causing serious bodily injury to another person while driving under the influence can be charged separately as a felony offense.
• Causing a death while driving under the influence can be charged as criminal vehicular homicide, a felony that carries the most severe exposure of any DUI-related charge in the state.

Because felony thresholds and exact sentencing ranges change with legislative sessions, verify the current classification and sentencing range for your specific facts with the North Dakota Century Code or a criminal defense attorney before assuming anything.

What to Do After a DUI Arrest in North Dakota

1. Read every paper the officer gave you the same day. Look for a "Report and Notice" — that document starts your 25-day temporary permit and, more importantly, your 10-day clock to request an administrative hearing.
2. Request the administrative hearing immediately. Do this within 10 days of the permit's issue date, in writing (or online, if NDDOT currently offers that option) to the NDDOT. Do not wait until you've retained a lawyer — you can withdraw the request later if you decide not to proceed, but you cannot request it late.
3. Write down what you remember about the stop, the field sobriety tests, and any test you took or refused, while it's fresh.
4. Contact a North Dakota-licensed criminal defense attorney as soon as possible — the administrative hearing and the criminal case are separate proceedings with separate deadlines, and a lawyer can handle both.
5. Don't drive on a suspended or revoked license while you sort this out; ask NDDOT or your attorney about a restricted or interlock-based license if you need to get to work.
6. Follow up on the addiction evaluation requirement promptly if one is ordered — delays here can hold up license reinstatement later.

This article is general legal information about North Dakota law, not legal advice for your specific situation — consult a North Dakota-licensed attorney or contact NDDOT directly about your case.