DUI Laws in North Dakota

Here are the important facts about DUI in North Dakota.

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In North Dakota, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in North Dakota says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in North Dakota and other details about North Dakota DUI law.

In North Dakota, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in North Dakota, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

1 year license revocation

3 year license revocation (if one prior offense in last 5 years)

3 year license revocation (if one prior offense in last 5 years)

 

In North Dakota, when do police have to measure your blood alcohol content (BAC)?

In North Dakota, law enforcement officers are supposed to measure your BAC within 2 hours of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in North Dakota?

In North Dakota, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%.

What are the minimum jail times for a DUI in North Dakota?

Here are the minimum jail times for a DUI in North Dakota, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

No minimum jail term required

5 days jail

60 days jail

How long will prior DUI convictions remain relevant for sentencing purposes in North Dakota?

In North Dakota, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 5 years (for second or third offenses) and 7 years (for fourth and subsequent offenses).

Can a DUI be “pleaded down” to a "wet reckless" in North Dakota?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in North Dakota?

Yes, for second and subsequent offenses.

Where can I get more information about DUI laws in North Dakota?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of North Dakota DUI attorneys in your area.

Last updated on 09/01/2010.

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