DUI Laws and Penalties in North Dakota
DUI penalties in the state of North Dakota may seem less severe if compared with the rest of the 54 states. In lieu with this, the state government has imposed, instead, liquor bans and curfew that are strictly implemented.
- persons below the age of 21 years old are not allowed to buy or consume alcohol
- grocery stores and other similar establishments may sell and display alcohol products only if these are separated in an enclosed area of the store
- no alcohol from 2am to 12pm on Sundays
- no alcohol from 2am to 8am on weekdays and Saturdays
- no selling of alcohol on Thanksgiving (after 2am), Christmas eve (after 6pm), and Christmas (all day)
First Offense
- $250 minimum fine
- 92 days suspension of license (or 108 days if AGGRAVATED)
- mandatory education and evaluation for alcohol and drug abuse
- a restricted driving permit may be issued 30 days after suspension is lifted
Second Offense
- $500 minimum fine
- 5 days jail term or
- 30 days community service
- 1 year suspension of license if BAC level is from .08% to .17% (or 2 years for BAC level above .17%)
- SR22 proof of financial responsibility
- mandatory education and evaluation for alcohol and drug abuse
Third Offense
- $1000 minimum fine
- 2 months jail term
- 2 years suspension of license if BAC level is from .08% to .17% (or 3 years for BAC level above .17%)
- SR22 proof of financial responsibility
- mandatory education and evaluation for alcohol and drug abuse
Fourth Offense
- $1000 minimum fine
- 6 months jail term
- 2 years suspension of license if BAC level is from .08% to .17% (or 3 years for BAC level above .17%)
- complete substance abuse treatment if license is reinstated
- SR22 proof of financial responsibility
- mandatory education and evaluation for alcohol and drug abuse
Fifth Offense – CLASS C FELONY
- $5000 maximum fine
- 5 years maximum jail term
Arresting officers may still charge you a DUI even if you pass the legal limit for Blood Alcohol Content or BAC. As long as you display impairment during the arrest.
When you are read your Miranda Rights excersise them if you are not to intoxicated and ask for a lawyer and shut up if you want a chance at a good DUI Defense.
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This is not legal advise. We are not lawyers. If you have a question take it to a licensed attorney.