North Dakota Drunk Driving Laws

Did you know that, from a legal standpoint, driving under the influence (DUI) is defined as operating a vehicle with an illegal blood alcohol content (BAC)? As a result of this definition, a driver does not have to exhibit any sign of intoxication to be legally impaired—it’s determined by the amount of alcohol in your bloodstream. So, if you don’t know your BAC, you risk being arrested anytime you get behind the wheel after consuming alcohol, even if you’ve had only a few drinks and show no signs of impairment. North Dakota drivers face some particularly harsh guidelines due to the state’s stringent BAC guidelines. Here’s what you need to know about North Dakota drunk driving laws:

In simple terms, BAC refers to the percentage of alcohol found in a person’s bloodstream. Since research indicates a person’s ability to drive becomes impaired once his or her BAC reaches 0.08%, state law defines DUI as driving with a blood alcohol content of 0.08% or higher. However, there are a few exceptions to this rule.

For example, because you must be 21 or older to purchase alcohol in the United States, underage drivers are expected to refrain from alcohol use entirely. Therefore, if you are under 21, driving with a BAC of 0.02% or more is enough to warrant an arrest. Commercial vehicle operators must also comply with a BAC limit of just 0.04%.

Regardless of which BAC limit applies to you, all state motorists must abide by North Dakota’s “Implied Consent Law,” which requires drivers to submit to chemical testing if a member of law enforcement suspects them of DUI. Chemical tests work are designed to calculate BAC based on the amount of alcohol found in a driver’s breath, blood, or urine. If you refuse to perform a chemical test, you will be arrested and, in many cases, face more severe penalties than you would have if you had failed the test.

Like most states, North Dakota’s DUI sentencing guidelines vary according to your prior history of drunk driving. While first-time offenders are typically granted more leniency than repeat offenders, the penalties for a first offense can include a minimum $250 fine, 91-day license suspension, and mandatory alcohol evaluation. On the other hand, if this is your second conviction, you will face up to $500 in fines, a one-year license suspension, and five-day jail sentence.

The penalties for drunk driving continue to increase with each subsequent conviction. Once you have been found guilty of four or more DUIs, any additional charges will be classified as felony offenses. As a more serious charge, a felony DUI conviction carries a maximum five-year jail sentence, three-year license suspension, and $5,000 fine.

A felony conviction can also lead to the loss of many personal freedoms, including your right to vote, obtain a passport, and purchase a firearm—and, regardless of how the offense is classified, you can expect additional penalties to be imposed if you are arrested with a BAC above 0.17%.

If you were charged with drunk driving in North Dakota, you should seek legal counsel immediately if you want to avoid the life-altering consequences of a DUI conviction. For a free, no-obligation consultation with a skilled DUI defense attorney in your area, submit your information online today.