NORTH DAKOTA DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
NORTH DAKOTA DUI/ DWI REGULATIONS
In North Dakota, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04%. – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
Having a license in the state of North Dakota automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year for the 1st offense, 3 years for the 2nd offense (in 5 years) and 4 years for the 3rd offense (in 5 years). If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
NORTH DAKOTA DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
1st Offense
- A minimum fine of $250.
- Your license will be suspended for 91 days if your BAC is between 0.08 and 0.17%.
- If your BAC is over 0.17%, a 180 days suspension of driver’s license is necessitated.
- You may be eligible to drive using the Limited Driving Privilege after the 30 days of suspension.
- You may also face a compulsory alcohol evaluation.
- Your auto insurance will definitely increase.
2nd Offense
- Imprisonment up to 5 days or 1 month of community service or a minimum fine of $500.
- Your license will be revoked for 1 year for BAC up to 0.17% if it is within 5 years of the previous offense.
- If your BAC is over 0.17%, a 2-year suspension of driver’s license is entailed.
- You may also face a compulsory alcohol evaluation.
- You will not be eligible to apply for a Limited Driving Privilege.
3rd Offense
- Imprisonment for up to 60 days and/or up to a $1,000 fine.
- Your license will be revoked for 2 year for BAC up to 0.17% if it is within 5 years of the previous offense.
- If your BAC is over 0.17%, a 3-year suspension of driver’s license is required.
- You may also face a compulsory alcohol evaluation at an addiction facility.
4th Offense
- Imprisonment for up to 180 days and/or up to a $1,000 fine.
- Your license will be revoked for 2 years for BAC up to 0.17% if it is within 5 years of the previous offense.
- If your BAC is over 0.17%, a 3-year suspension of driver’s license is necessitated.
- You may also face a compulsory alcohol evaluation at an addiction facility and complete the treatment and stay committed and not repeat any alcohol-related offenses for 2 consecutive years after treatment.
5th Offense
- Is considered as “Class C” Felony and may result in imprisonment up to 5 years and a fine of $5,000.
If you are under 21 years old:
Points will be added to your driving record and your license suspended or revoked, if you are convicted for “minor in possession/other alcohol offenses”:
- Trying to purchase, possessing of, or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02% while driving.
- The license may be suspended or revoked for the first or subsequent DUI.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.
NORTH DAKOTA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers.
NORTH DAKOTA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
North Dakota laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
- He/she is aged 21 and above and is driving with BAC 0.08% or more.
- He/she is aged below 21 and is driving with BAC 0.02% or more.
If you are arrested for DUI/DWI, the arresting officer will confiscate your North Dakota driver license and issue a temporary 25-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Department of Transportation. The driver can schedule an administrative hearing within 10 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 5-year driving record. The driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favor of the driver, then his license will be returned and the suspension/revocation will be cancelled. If the driver, however, does not request a hearing, then the suspension/revocation begins after the 25-day permit expires.
NORTH DAKOTA LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Motor Vehicle Division, once the period of suspension or revocation is over. Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed an approved driver training course or a comparable program (the agency will send the proof to the MVD once you have completed the program), pay the reinstatement fee of $100, and maintain proof of financial responsibility by filing SR-22.
- If you are being convicted for a 2nd time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
- You can submit the reinstatement application and fees at an MVD office near you. Contact them for their timings.