First Offense DUI in North Dakota

Under the North Dakota Century Code (NDCC) § 39-08-01, a DUI is generally described as:

• Driving or being in actual physical control (not necessarily driving) of a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or more for adults, 0.04% or higher for commercial drivers, or a BAC above 0.02% for drivers under 21 years
• Being under the influence of drugs (prescription or illicit) or a combination of substances that impair a person's ability to operate a vehicle safely.

North Dakota DUI offenses may result in significant legal, financial, and personal consequences, even for a first DUI offense. These penalties reinforce the importance of responsible driving, deter repeat offenses, and help rehabilitate offenders.

What Qualifies as a First DUI in North Dakota?

In North Dakota, a DUI qualifies as a first offense if the offender has no previous DUI convictions within the past seven years. In addition, a driver commits a first DUI if impaired by alcohol, drugs, or a combination of both. Sitting in the driver's seat with the keys in the vehicle while impaired may also qualify as a DUI.

The legal BAC limit for adult drivers who are 21 years and above is 0.08%. For commercial drivers, exceeding a BAC of 0.04% is a violation that may carry additional penalties, while the legal BAC limit for drivers below 21 years is 0.02%.

North Dakota law enforcement agencies determine DUI violations through observations, field sobriety tests, breathalyzers, and chemical testing.

Possible Penalties for a First Offense DUI in North Dakota

NDCC § 39-08-01 defines a first DUI offense as a Class B misdemeanor. In North Dakota, the severity of the penalties for a first DUI offense varies depending on the BAC at the time of arrest and aggravating factors such as child passenger, chemical test refusal, and accident. A first DUI violation in North Dakota carries significant penalties. These include:

• Minimum of two days incarceration or 20 hours of community service for a BAC of 0.16% or higher
• License suspension ranges from 91 days to 180 days, depending on the BAC level:
  • A BAC of less than 0.16% may result in 91 days of suspension
  • A BAC greater than 0.16% attracts a 180-day suspension
• Fines between $500.00 and $750.00
• Mandatory alcohol evaluation and treatment program
• Six penalty points on driving records
• Installation of Ignition Interlock Device (IID) for an offender:
  • Whose BAC is 0.18% or higher
  • Who refuses to submit to chemical testing.

In North Dakota, a BAC of less than 0.16% generally does not carry a mandatory jail term unless the offender's BAC level is 0.16% or higher.

Do You Lose Your License for a First DUI in North Dakota?

Yes, North Dakota's Administrative License Suspension (ALS) laws permit law officers to confiscate a license if the driver fails or refuses to take a BAC test and issue a temporary 25-day driving permit. Within ten days, offenders must request an administrative hearing with the North Dakota Department of Transportation (NDDOT); failure to do so may result in automatic license suspension after this period. Offenders should note that this administrative process is separate from criminal penalties.

Criminal convictions may also result in suspension, but the DUI offender only serves the longer of the administrative or criminal suspension periods. A first DUI offender is eligible to request a Temporary Restricted License (TRL) if they serve at least 30 days of the suspension, install an Ignition Interlock Device (IID), participate in alcohol evaluation and 24/7 Sobriety programs, and provide proof of SR-22 Insurance.

What Is the Implied Consent Law in North Dakota and How Does It Affect First DUI Cases?

North Dakota Implied Consent Law NDCC Chapter 39-20 stipulates that by operating a vehicle within the state, a driver automatically consents to chemical testing (blood, breath, or urine) if law officers suspect them of DUI. Refusal to comply violates the Implied Consent Law and may trigger penalties even for a first-time DUI offense. The administrative and legal consequences include:

• A 1-year automatic license revocation
• Disqualification for a Temporary Restricted License (TRL)
• Admissible evidence of guilt in the criminal DUI trial
• Payment for reinstatement fees and providing proof of SR-22 insurance
• A possible installation of an Ignition Interlock Device (IID)
• Completing an alcohol assessment and treatment program.

While the North Dakota Implied Consent Law highlights the state's zero-tolerance stance on impaired driving, it also grants individuals the right to challenge the lawfulness of the arrest and the license revocation.

Is an Ignition Interlock Device Required for a First DUI Offense in North Dakota?

Installing an Ignition Interlock Device (IID) in North Dakota is not mandatory for all first-time DUI offenses. However, the North Dakota Department of Transportation (NDDOT) may impose IID installation for license reinstatement on cases involving chemical test refusals and persons' participation in sobriety programs. The court may also mandate IID installation for first DUI violators whose BAC is 0.18% or higher.

In North Dakota, the duration for which the IID must be used depends on the details of the offense and licensing requirements. In addition, the cost of installation and maintenance of the IID falls solely on the offender.

Can a First DUI Be Dismissed or Reduced in North Dakota?

Yes, North Dakota law allows first-time offenders to dismiss or reduce their charges to a lesser offense upon completion of pretrial diversion programs and deferred sentencing. This approach emphasizes rehabilitation over punishment for first-time DUI offenders. Additionally, a first DUI offense in North Dakota may be reduced to reckless driving through plea bargaining if:

• The defendant's (BAC) is close to the legal limit of 0.08%
• Procedural errors occur during arrests
• The offender has no previous DUI conviction
• There are no accidents or bodily injuries.

It is important to note that DUI convictions may be sealed upon completing a deferred sentence and avoiding further offenses for 7 years. However, this opportunity is not open for commercial drivers.

Long-Term Consequences of a First DUI

In North Dakota, a first DUI conviction may have lasting consequences that may significantly affect the owner. Unless the court seals a North Dakota DUI conviction, it remains accessible to employers, licensing boards, and the public during background checks. First DUI convictions may also increase insurance premiums, impact employment opportunities, and disqualify applications for professional licenses.

Do You Need a DUI Attorney in North Dakota?

Although it is not legally mandatory, it is strongly recommended to engage the services of a DUI attorney. Handling a DUI charge without an attorney is risky. In North Dakota, driving under the influence (DUI) is a criminal offense with serious legal and personal consequences. Hence, an experienced DUI defense attorney may challenge the evidence, negotiate a plea bargain to reduce a DUI charge, protect the defendant's legal interest, and improve the chances of restoring limited driving privileges.