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DWI laws and penalties Dakota

The Implied Consent Law in North Dakota

Implied consent in the context of North Dakota DUI law means that all drivers on the roadways of North Dakota agree to submit to a chemical test of their blood, breath or urine if a peace officer suspects that they are under the influence of alcohol, drugs or both. Refusing to submit to such a test will result in an immediate suspension of your drivers license. On your first refusal your drivers license will be seized and you will be issued a 25 day permit until your hearing. In most cases you will have your license suspended for 1 year for your first refusal, however the refusal can be "cured" by pleading guilty to a DUI. If you do plead guilty you will receive a 91-180 day suspension instead of the 1 year suspension. In the case of a guilty plea the driver may be eligible for a temporary restricted license after 30 days of the initial suspension has passed. You will not be eligible for a temporary restricted license if your license is suspended for refusal.

 

BAC Limits

Under 21

.02%

 

21 or older

.08%

 

Commercial

.04%

 

Penalties

First ND DUI Offense

1st Drunk Driving Conviction

• Fine - $250 Minimum

• License Suspension – 91 Days (Blood Alcohol Content Up to .17)

• License Suspension - 108 Days (Blood Alcohol Content .18 or Above)

• Work Permit Possible After 30 Days

• Mandatory Alcohol Evaluation

• SR 22 Insurance coverage

 

Second ND DUI Offense

2nd Drunk Driving Conviction

• Jail – 5 Days or,

• Community Service – 30 Days

• Fine - $500 Minimum

• License Suspension – 365 Days (Blood Alcohol Content Up to .17)

• License Suspension – 2 Years (Blood Alcohol Content .18 or Above)

• No Work Permit Possible

• Mandatory Alcohol Evaluation

• SR 22 Insurance coverage

 

Third ND DUI Offense

3rd Drunk Driving Conviction

• Jail – 60 Days

• Fine - $1,000 Minimum

• License Suspension – 2 Years (Blood Alcohol Content Up to .17)

• License Suspension – 3 Years (Blood Alcohol Content .18 or Above)

• Mandatory Alcohol Evaluation

• SR 22 insurance coverage

 

Fourth ND DUI Offense

4th Drunk Driving Conviction

• Jail – 180 Days

• Fine - $1,000 Minimum

• License Suspension – 2 Years (Blood Alcohol Content Up to .17)

• License Suspension – 3 Years (Blood Alcohol Content .18 or Above)

• Must Complete Addiction Treatment For License Reinstatement

• SR 22 insurance coverage

 

Fifth ND DUI Offense

5th Drunk Driving Conviction

• Jail – 5 Years Maximum

• Class “C” Felony

• Fine – $5,000 Maximum

• SR 22 Insurance coverage

 


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