DUI Penalties
N.D.C.C. § 39-08-01 — a class B misdemeanor the first and second time in seven years, a class C felony the fourth in fifteen
No one may drive or be in actual physical control of a vehicle with an alcohol concentration of at least eight one-hundredths of one percent within two hours, under the influence of alcohol or a drug, or after refusing a required chemical test.
| Offense | Grade | The sentence must include |
|---|---|---|
| OffenseFirst in seven years | GradeClass B misdemeanor | The sentence must includeA fine of at least $500 and an addiction evaluation |
| OffenseFirst, at sixteen one-hundredths or more | GradeClass B misdemeanor | The sentence must includeA fine of at least $750 and at least two days' imprisonment |
| OffenseSecond in seven years | GradeClass B misdemeanor | The sentence must includeAt least ten days, a $1,500 fine, and 360 days in the twenty-four seven sobriety program |
| OffenseThird in seven years | GradeClass A misdemeanor | The sentence must includeAt least 120 days, a fine of at least $2,000, and 360 days of supervised probation |
| OffenseFourth in fifteen years | GradeClass C felony | The sentence must includeAt least one year and one day, a fine of at least $2,000, and two years' supervised probation |
Separately, the license is suspended for ninety-one days on a first offense under eighteen one-hundredths, and for 180 days at eighteen one-hundredths or more, with longer periods for repeat offenses.
Sources for this section (2)
- N.D.C.C. § 39-08-01 — Persons under the influence of intoxicating liquor or any other drugs or substances not to operate vehicle - Penalty
- N.D.C.C. § 39-20-04.1 — Administrative sanction for driving or being in physical control of a vehicle while having certain alcohol concentration
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.