The whole North Dakota file

NORTH DAKOTA FIELD FILE

Every section, top to bottom.

About this guide — education built from the North Dakota Century Code as the Legislative Assembly publishes it, not a law degree in a webpage. Applying it to a particular situation is the work of a licensed North Dakota attorney or a legal aid office. Current as of October 2026.

A licensed driver has a physical or electronic operator's license in immediate possession while driving, and surrenders or electronically provides it on a police officer's demand.
A driver charged with not having it is not convicted, and pays no court costs, on producing a valid license to the prosecutor's office within fourteen days.
On request, the driver gives the officer satisfactory evidence of liability insurance, written or electronic.
A driver who could not show it at the stop is not found in violation by later showing the prosecutor a policy that was in effect at the time.

A concealed handgun, when the officer asks. Someone carrying a concealed firearm without a license, under the permitless carry provision, informs a law enforcement officer of the firearm if the officer asks about it, and shows a driver's license or nondriver ID on request. Not doing so is a noncriminal offense with a $20 fee.

N.D.C.C. § 62.1-04-04

The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

Sources for this section (9)

N.D.C.C. § 39-06-16 — License to be carried and exhibited on demand
N.D.C.C. § 39-08-20 — Driving without liability insurance prohibited - Penalty
N.D.C.C. § 62.1-04-04 — Producing license upon request - Penalty
Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary

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.

NORTH DAKOTA FIELD FILE

Traffic stops

Being stopped

Marijuana and drugs

Impaired driving

Court and money

Your home

Recording

Carrying a firearm

Charges and penalties

How you carry yourself

Walk it through

NORTH DAKOTA FIELD FILE

Traffic stops

Traffic StopsN.D.C.C. § 39-06-16 — a driver carries a physical or electronic license and hands it over on an officer's demand▾

Your Phone Behind the WheelN.D.C.C. § 39-08-23 — no composing, reading or sending an electronic message while driving in traffic▾

After a CrashN.D.C.C. § 39-08-09 — injury, death, or $4,000 in apparent damage means notice to police at once▾

Reckless DrivingN.D.C.C. § 39-08-03 — a class B misdemeanor, and a class A misdemeanor when it injures someone▾

A Death or Injury Behind the WheelN.D.C.C. § 39-08-01.2 — causing a death while impaired is a class A felony, with at least three years▾

Speed LimitsN.D.C.C. § 39-09-02 — 25 in a city, 55 on gravel, 70 on divided highways, 80 on the interstate▾

Pulling Over and Moving OverN.D.C.C. § 39-10-26 — pull to the right and stop for an approaching emergency vehicle, and move over for a stopped one▾

Passing a School BusN.D.C.C. § 39-10-46 — stop from either direction for a school bus with red lights flashing or its stop arm out, a $250 fee▾

Crosswalks and PedestriansN.D.C.C. § 39-10-28 — without a working signal, drivers yield to a pedestrian in a crosswalk▾

Passing a BicycleN.D.C.C. § 39-10-11.1 — at least three feet of clearance when passing a bicycle▾

Signals and TurnsN.D.C.C. § 39-10-38 — a turn or lane change is signaled continuously for at least the last 100 feet▾

Seat BeltsN.D.C.C. § 39-21-41.4 — every occupant of a vehicle built for fewer than eleven passengers wears a fastened belt▾

Car SeatsN.D.C.C. § 39-21-41.2 — a child under eight rides in a child restraint unless 57 inches tall▾

Window TintN.D.C.C. § 39-21-39 — the windshield lets through 70 percent of light, other windows 35 percent▾

Driving While SuspendedN.D.C.C. § 39-06-42 — a class B misdemeanor for the first three in five years, with four days in jail if the suspension was for DUI▾

Driving Without InsuranceN.D.C.C. § 39-08-20 — no driving without a valid liability policy, and proof on file for a year after a violation▾

A Teen Driver's LicenseN.D.C.C. § 39-06-04 — an instruction permit at 14, and six months on it, or twelve if under sixteen, before a license▾

An ATV on the RoadN.D.C.C. § 39-29-09 — a registered off-highway vehicle may use gravel roads and some paved roads▾

The Motorcycle HelmetN.D.C.C. § 39-10.2-06 — a helmet is required under eighteen, and then for every passenger too▾

Staying in Your LaneN.D.C.C. § 39-10-17 — stay within a single lane and change only once it is safe▾

Where Parking Is BarredN.D.C.C. § 39-10-49 — not within ten feet of a hydrant, nor fifteen of a stop sign or a rail▾

Helping at the SceneN.D.C.C. § 39-08-04.1 — an unpaid volunteer giving emergency care in good faith is not liable▾

Stop Signs and Right of WayN.D.C.C. § 39-10-24 — stop at the line, then yield to traffic close enough to be a hazard▾

Railroad CrossingsN.D.C.C. § 39-10-41 — stop within fifty feet of the rail, and no closer than fifteen, when a train signals or is near▾

Being stopped

When You Must IdentifyN.D.C.C. § 29-29-21 — an officer who reasonably suspects certain offenses may demand a name, address and an explanation▾

Being ArrestedN.D.C.C. § 29-06-25 — someone arrested without a warrant goes before the nearest magistrate without unnecessary delay▾

Reading a Search WarrantN.D.C.C. § 29-29-08 — an officer refused admittance after giving notice may break in to execute a search warrant▾

Resisting and FleeingN.D.C.C. § 39-10-71 — fleeing a signal to stop is a class A misdemeanor, a class C felony the second time in three years▾

When Police Are Called to a HouseN.D.C.C. § 14-07.1-10 — with probable cause of domestic violence, an officer presumes an arrest is the response▾

Marijuana and drugs

Calling for Help With an OverdoseN.D.C.C. § 19-03.1-23.4 — someone who seeks help in good faith, stays and cooperates is immune from possession charges▾

Marijuana and DrugsN.D.C.C. § 19-03.1-23 — less than half an ounce of marijuana is an infraction, more is a misdemeanor▾

Medical MarijuanaN.D.C.C. § 19-24.1-02 — only a cardholder or a compassion center may possess or use marijuana under the program▾

Drunk in PublicN.D.C.C. § 5-01-05.2 — public intoxication alone is not a crime, but an officer may take someone home or to care▾

Impaired driving

The DUI StopN.D.C.C. § 39-20-01 — driving is consent to a chemical test after an arrest, and refusing can revoke the license▾

DUI PenaltiesN.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▾

Under 21 and DrivingN.D.C.C. § 39-20-04.1 — under 21, a test at two one-hundredths of one percent or more suspends the license▾

Open ContainersN.D.C.C. § 39-08-18 — no drinking or open container in a vehicle on a highway or in a public parking area, a $50 fee▾

Alcohol Under 21N.D.C.C. § 5-01-08 — under 21, buying, drinking or possessing alcohol, or entering a bar, is an infraction▾

Court and money

A Protection OrderN.D.C.C. § 14-07.7-07 — a temporary order, then a hearing within fourteen days for a domestic violence protection order▾

The Last PaycheckN.D.C.C. § 34-14-03 — wages after a job ends are due on the next regular payday, fired or quitting▾

Getting PaidN.D.C.C. § 34-14-02 — wages at least once a month on a payday set in advance, and only certain deductions▾

A Wage ClaimN.D.C.C. § 34-14-09 — a claim with the labor department within two years, for $125 to $15,000▾

Paid Time Off When You LeaveN.D.C.C. § 34-14-09.2 — a private employer may keep accrued time off only in the cases the section lists▾

Minimum WageN.D.C.C. § 34-06-22 — at least seven dollars and twenty-five cents an hour, and no higher local wage▾

A Day of Rest in RetailN.D.C.C. § 34-06-05.1 — a retail employer may not require seven days straight▾

Equal PayN.D.C.C. § 34-06.1-03 — the same pay for comparable work regardless of gender, and two years to sue▾

Discrimination at WorkN.D.C.C. § 14-02.4-03 — race, sex, age forty and over, disability, pregnancy and more, and three hundred days to act▾

Hurt at WorkN.D.C.C. § 65-05-01 — tell the employer within seven days, and file the claim within one year▾

The Job After an InjuryN.D.C.C. § 65-05-37 — firing or threatening a worker for seeking benefits is a class A misdemeanor▾

Unemployment After a Job EndsN.D.C.C. § 52-06-02 — quitting without good cause or a firing for misconduct disqualifies until new earnings▾

Jury Duty and Your JobN.D.C.C. § 27-09.1-17 — an employer may not penalize a juror or a subpoenaed witness▾

Getting DivorcedN.D.C.C. § 14-05-17 — six months' residence, and irreconcilable differences is one of seven grounds▾

Dividing Property in a DivorceN.D.C.C. § 14-05-24 — an equitable division of property and debts, valued sixty days before trial unless agreed▾

Spousal SupportN.D.C.C. § 14-05-24.1 — no permanent support, and a limit tied to the length of the marriage▾

Custody After a SplitN.D.C.C. § 14-09-06.2 — the best interests of the child, with no presumption for either parent▾

What Each Parent Is OwedN.D.C.C. § 14-09-32 — school and medical records, conferences, and notice of a serious accident▾

Changing Custody LaterN.D.C.C. § 14-09-06.6 — no motion within two years of the order, except in the cases the section names▾

Child SupportN.D.C.C. § 14-09-09.7 — the guideline amount is presumed correct, and support can run to nineteen in high school▾

Getting MarriedN.D.C.C. § 14-03-02 — eighteen to marry, sixteen with a parent's consent, and a license good for sixty days▾

Turning EighteenN.D.C.C. § 14-10-02 — adulthood at eighteen, and a year after to back out of most contracts made as a minor▾

A Minor and Medical CareN.D.C.C. § 14-10-17 — at fourteen, care for a sexually transmitted disease or a substance use disorder without a parent▾

Dying Without a WillN.D.C.C. § 30.1-04-02 — the spouse's share depends on which children and parents survive▾

Signing a WillN.D.C.C. § 30.1-08-02 — in writing and signed, with two witnesses or a notary, or entirely in the maker's hand▾

Changing or Revoking a WillN.D.C.C. § 30.1-08-07 — a later will, or burning, tearing or cancelling it on purpose▾

A Small EstateN.D.C.C. § 30.1-23-01 — an affidavit after thirty days collects property when the estate is $100,000 or less▾

A Health Care DirectiveN.D.C.C. § 23-06.5-05 — written, dated, signed, and verified by a notary or two adult witnesses▾

Who Decides When You CannotN.D.C.C. § 23-12-13 — an agent first, then a guardian, then family in a set order▾

When a Court Appoints a GuardianN.D.C.C. § 30.1-28-04 — only on clear and convincing evidence, and no more than the person needs▾

Changing a NameN.D.C.C. § 32-28-02 — six months in the county, a petition, and thirty days' published notice▾

Unfair and Deceptive PracticesN.D.C.C. § 51-15-02 — deception in a sale is unlawful whether or not anyone was misled, and a knowing violation can mean triple damages▾

A Sale at Your DoorN.D.C.C. § 51-18-02 — three business days to cancel a sale made at home or by phone, fifteen at sixty-five and over▾

The Lemon LawN.D.C.C. § 51-07-18 — a new vehicle that cannot be fixed after reasonable attempts is replaced or refunded▾

When Your Data Is BreachedN.D.C.C. § 51-30-02 — a business must tell residents whose unencrypted information was taken▾

A Small ClaimN.D.C.C. § 27-08.1-01 — claims up to $15,000 in an informal hearing, with no appeal▾