North Dakota DUI laws state that drivers cannot have a blood-alcohol level of 0.08% or higher. The limit is 0.04% for commercial drivers and 0.02% for minors.

Written by Michelle Ballestrasse

Reviewed by Kathleen Flear

Updated on Dec 5, 2022

Table of Contents

DUI and DWI
DUI
Penalties
Impact on car insurance
Other effects
Cheap car insurance

Load full table of contents

North Dakota DUI laws state that drivers over the age of 21 cannot have a blood-alcohol level of 0.08% or higher. This is reduced to 0.04% for commercial drivers and 0.02% for minor drivers.

Each year, over 10,000 people in the US are killed on the road as a result of drunk driving crashes.

Driving while under the influence of drugs or alcohol is a dangerous crime and penalties vary by state. Even a first-time offense can cost drivers up to $10,000 in fines and legal fees—and it will most certainly impact your

North Dakota car insurance costs

, too.

The

car insurance

comparison and broker app

Jerry

has compiled everything you need to know about DUI laws in North Dakota.

What is a DUI and DWI?

A DUI refers to driving under the influence while a DWI means driving while intoxicated or impaired.

It’s up to each state to determine the difference between the two. North Dakota uses the term DUI in reference to anyone driving with alcohol, drugs, or a combination of the two in their system.

Intoxicated persons only have to be in physical control of a vehicle — it does not have to be in motion or running. That means you can be charged with a DUI even if you aren’t conscious.

MORE:

DUI vs. DWI

DUI in North Dakota

In North Dakota, it is illegal to operate a vehicle with a blood-alcohol level of:

0.08% or higher for drivers 21 or older

0.04% for commercial vehicle drivers

0.02% for minors

Key Takeaway If you’re found with a BAC above the legal limit, you will be charged with a per se DUI. This means that whether or not you’re actually impaired by the alcohol is moot.

Every state has an implied consent law stipulating that you consent to be tested if you’re suspected of driving under the influence of alcohol or drugs.

If you’re lawfully arrested for a DUI, you must submit to a urine, blood, or breath test. You do not have a right to consult with a lawyer before completing the test.

MORE:

Tips to get a clean driving record

Penalties for DUI in North Dakota

Misdemeanors

DUIs are treated as misdemeanors if they:

Are a first, second or, third offense; and

Do not result in serious injury or death; and

Do not involve underage passengers.

First offense

Penalty	Description
Fine	$500 to $1,500
Jail	Up to 30 days
License suspension	91 to 180 days
SR-22 requirement	Yes

Second offense

Penalty	Description
Fine	$1,500
Jail	10 to 30 days
License suspension	1 year minimum
SR-22 requirement	Yes

Third offense

Penalty	Description
Fine	$2,000 to $3,000
Jail	120 to 360 days
License suspension	1 year minimum
SR-22 requirement	Yes

Misdemeanor offenders are also required to complete an addiction treatment program and may be sentenced to community service.

Felony penalties

DUIs are felonies when they:

Are a fourth offense; or

Involve minor passengers; or

Result in serious injury or death.

There are different penalties for each.

Description	Penalty
Fourth offense (occurs within 15 days of the third offense)	At least 366 days in jail + minimum fine of $2,000
Serious injury	Class C felony with minimum 1 to 5 years in jail (2 if previous DUI) + maximum fine of $10,000
Death	Class A felony with minimum 3 to 20 years in jail (10 if previous DUI) + maximum fine of $20,000
Minor passengers	Class C felony with maximum 5 years in jail + maximum fine of $10,000

Key Takeaway North Dakota DUI penalties are more severe if the incident results in injury, death, or endangerment to minors.

RECOMMENDED

Compare auto insurance policies

No spam or unwanted phone calls · No long forms

ZIP Code

Find insurance savings

Does a DUI impact car insurance in North Dakota?

Yes, insurance companies take DUIs very seriously and you’ll be classified as a

high-risk driver

With a DUI on your record, you can expect that insurance carriers will charge you significantly higher rates or may refuse to insure you entirely. That’s where

Jerry

can help. Jerry gathers your info and presents you with the best rates from up to 50 top providers so that you don’t have to spend time reaching out to each company.

Your insurance carrier will also be required to fill out an

SR-22

to prove you have the

minimum car insurance required in your state

MORE:

SR-22 in North Dakota: what you need to know

Other effects of a DUI

Beyond the conviction penalties and higher insurance rates, DUIs can have some other lasting impacts on your life.

License revocation: After a DUI, you run the risk of having your license revoked if you’re charged with other serious offenses.

Ignition interlock device: All states have some type of ignition interlock program requiring drivers convicted of a DUI to install an interlock device in their vehicle to disable the engine if alcohol is detected on their breath.

Background checks: Your DUI will show up on a background check indefinitely, which can cause issues for future employment endeavors.

How to find cheap insurance after a DUI

Finding affordable insurance after a DUI conviction can be difficult on your own. No matter what your record looks like,

Jerry

can help. Once you choose a policy, Jerry will handle the phone calls, paperwork, and renewals for your top pick so that you don’t have to.

When your policy is up for renewal, Jerry's

trustworthy super app

is still on the job and will send you new quotes so you’re always getting the best price.

"I’ve gotten pulled over a few times in the past. With
Jerry
, the police never had an issue verifying my insurance. The app is convenient, easy, and cheap!" —Dalton T.

RECOMMENDED