If you only remember one point about DUI penalties in North Dakota, remember this: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, evaluation, and ignition-interlock conditions. Felony threshold: A fourth DUI within 15 years can be a felony; DUI causing serious injury/death can also be a felony. Procedure, examples, and the opinions below hang off N.D. Cent. Code § 39-08-01. Lookback: Prior DUI convictions within 7 years (and longer for some felony tracks) enhance penalties.. Ignition interlock: Ignition interlock may be required for restricted licenses after DUI.
First-offense penalties
First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, evaluation, and ignition-interlock conditions.
Walking through North Dakota facts
Use this walkthrough to see which North Dakota authority does the work at each step.
A driver in North Dakota is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, evaluation, and ignition-interlock conditions.
- Ask when the charge becomes a felony: A fourth DUI within 15 years can be a felony; DUI causing serious injury/death can also be a felony. Lookback: Prior DUI convictions within 7 years (and longer for some felony tracks) enhance penalties.
- Interlock: Ignition interlock may be required for restricted licenses after DUI.
North Dakota DUI under § 39-08-01 proceeds in district court with parallel DOT administrative actions.
When a North Dakota DUI becomes a felony
A fourth DUI within 15 years can be a felony; DUI causing serious injury/death can also be a felony.
Ignition interlock and license consequences
Ignition interlock may be required for restricted licenses after DUI.
How a typical North Dakota DUI case unfolds
North Dakota DUI under § 39-08-01 proceeds in district court with parallel DOT administrative actions.
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Case law: DUI penalties in North Dakota
CITY OF FAIRGO, Plaintiff and Appellant, v. William Noble THOMPSON, Defendant and Appellee. CITY OF FARGO, Plaintiff
…dure for mandatory minimum pe*580riods of detention for all driving under the influence and actual physical control arres-tees. But we reversed the dismissal of criminal prosecutions against the defendants charged in those cases, concluding absent “evidence that these minimum periods of detention actually prejudiced the defendants’ right to present a defense and have a fair tri…
Practitioners open CITY OF FAIRGO, Plaintiff and Appellant, v. William Noble THOMPSON, Defendant and Appellee. CITY OF FARGO, Plaintiff when North Dakota DUI penalties turns on the distinction in this sentence: "dure for mandatory minimum pe*580riods of detention for all driving under the influence and actual physical control arres-tees. But we reversed the dismissal of criminal prosecutions against the defendants charged in those cases, concluding absent “evidence that these minimum per" Do not lift it out of the facts the court was deciding.
STATE of North Dakota, Plaintiff and Appellant v. Blaise M. O’CONNOR, Defendant and Appellee
…zer chemical test in its prosecution of Blaise O’Connor for driving under the influence of alcohol. We affirm the suppression order because the law enforcement officer after placing O’Connor under arrest did not inform him of the complete implied consent advisory before administering the Intoxilyzer test. I [¶ 2] On May 24, 2015, a highway patrol officer stopped O’Connor’s vehi…
North Dakota opinions such as STATE of North Dakota, Plaintiff and Appellant v. Blaise M. O’CONNOR, Defendant and Appellee are cited where DUI penalties is disputed. The court stated: "Blaise O’Connor for driving under the influence of alcohol. We affirm the suppression order because the law enforcement officer after placing O’Connor under arrest did not inform him of the complete implied consent advisory before administering the Intoxilyzer test." That is the language to brief; the rest of the decision supplies the procedural posture.
STATE of North Dakota, Plaintiff and Appellee, v. Daniel Joseph KNOWELS, Defendant and Appellant
…onviction entered upon a jury verdict finding him guilty of driving under the influence of alcohol under N.D.C.C. § 39-08-01. After the close of the State’s case-in-ehief, Knowels moved for a judgment of acquittal 1 under N.D.R.Crim.P. 29, based on insufficient evidence. The trial court denied the motion and Knowels then presented his defense. Before submitting the case to the…
North Dakota opinions such as STATE of North Dakota, Plaintiff and Appellee, v. Daniel Joseph KNOWELS, Defendant and Appellant are cited where DUI penalties is disputed. The court stated: "N.D.C.C. § 39-08-01. After the close of the State’s case-in-ehief, Knowels moved for a judgment of acquittal 1 under N.D.R.Crim.P. 29, based on insufficient evidence. The trial court denied the motion and Knowels then presented his defense." That is the language to brief; the rest of the decision supplies the procedural posture.
STATE of North Dakota, Plaintiff and Appellee, v. William James STEINMETZ, Defendant and Appellant
…conviction entered on a jury verdict finding him guilty of driving under the influence of intoxicating liquor. We affirm. On the evening of May 20,1995, Steinmetz backed his vehicle from a parking spot and started down the main street of Fredonia, North Dakota. Logan County Deputy Sheriff Scott Buckhouse saw Steinmetz stop on the main street and partially exit his vehicle to r…
On DUI penalties, STATE of North Dakota, Plaintiff and Appellee, v. William James STEINMETZ, Defendant and Appellant speaks to the North Dakota dispute in this passage: "We affirm. On the evening of May 20,1995, Steinmetz backed his vehicle from a parking spot and started down the main street of Fredonia, North Dakota." The surrounding opinion shows how the court applied that language to the record.
CITY OF FARGO, Plaintiff and Appellant, v. Julian J. COSSETTE, Defendant and Appellee
…ce the blood test results and a 1992 Clay County, Minnesota driving under the influence conviction entered pursuant to an uncounseled guilty plea. Cossette argued that the blood test results were not admissible because the kit used to collect and preserve his blood, which includes a vacutainer tube and disinfectant swab, is a “device” within the meaning of N.D.C.C. § 39-20-07(5…
On DUI penalties, CITY OF FARGO, Plaintiff and Appellant, v. Julian J. COSSETTE, Defendant and Appellee speaks to the North Dakota dispute in this passage: "Clay County, Minnesota driving under the influence conviction entered pursuant to an uncounseled guilty plea." The surrounding opinion shows how the court applied that language to the record.
CITY OF FARGO, Plaintiff and Appellee, v. Duane Eddie EGEBERG, Defendant and Appellant
…uding the officer had probable cause to arrest Ege-berg for driving under the influence and Egeberg’s statements to the officer did not violate his privilege against self-incrimination. I [¶2] At about 9:00 p.m. on August 10, 1999, two women were walking on 4th Street in Fargo when a man “pulled down his shorts and exposed his buttocks” to them. One of the women testified she d…
CITY OF FARGO, Plaintiff and Appellee, v. Duane Eddie EGEBERG, Defendant and Appellant is worth reading on North Dakota DUI penalties because the court put the point in its own words: "Ege-berg for driving under the influence and Egeberg’s statements to the officer did not violate his privilege against self-incrimination. I [¶2] At about 9:00 p.m." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DUI convictions within 7 years (and longer for some felony tracks) enhance penalties.
- First-offense range: First-offense DUI is typically a misdemeanor Class B with fines, possible jail, license suspension, evaluation, and ignition-interlock conditions.
- Felony threshold: A fourth DUI within 15 years can be a felony; DUI causing serious injury/death can also be a felony.
- Ignition interlock: Ignition interlock may be required for restricted licenses after DUI.
- Primary authority: N.D. Cent. Code § 39-08-01.
Blood alcohol limits in North Dakota
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DUI convictions within 7 years (and longer for some felony tracks) enhance penalties.
Frequently asked questions
What is the legal BAC limit in North Dakota?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in North Dakota?
A fourth DUI within 15 years can be a felony; DUI causing serious injury/death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock may be required for restricted licenses after DUI.
This guide covers North Dakota impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.