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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.

  • N.D.C.C. § 39-08-01
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OffenseGradeThe sentence must include
OffenseFirst in seven yearsGradeClass B misdemeanorThe sentence must includeA fine of at least $500 and an addiction evaluation
OffenseFirst, at sixteen one-hundredths or moreGradeClass B misdemeanorThe sentence must includeA fine of at least $750 and at least two days' imprisonment
OffenseSecond in seven yearsGradeClass B misdemeanorThe sentence must includeAt least ten days, a $1,500 fine, and 360 days in the twenty-four seven sobriety program
OffenseThird in seven yearsGradeClass A misdemeanorThe sentence must includeAt least 120 days, a fine of at least $2,000, and 360 days of supervised probation
OffenseFourth in fifteen yearsGradeClass C felonyThe sentence must includeAt least one year and one day, a fine of at least $2,000, and two years' supervised probation
  • N.D.C.C. § 39-08-01

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.

  • N.D.C.C. § 39-20-04.1
Sources for this section (2)
  1. 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
  2. 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.

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