North Dakota Driving Under the Influence Law
In common with many other States, a DWI arrest in North Dakota will lead to two cases being brought against the defendant, a criminal case and a Department of Transportation case. If you have been arrested for DWI in North Dakota, you have limited time in order to apply for a hearing at the Department of Transportation in order to retain your driver's license. It is therefore essential that you contact a North Dakota DWI lawyer as soon as possible.
Charges for DWI in North Dakota can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08% or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DWI lawyer will be able to handle each of these situations. If your BAC is recorded as being over 0.18% you will face stiffer. Under 21's have a reduced BAC limit of 0.02%, under 21's will have their license suspended for up to 90 days if convicted.
Refusal to submit to a breath or blood test will lead to stiffer penalties, as will causing serious injury or death.
| Conviction | Punishment |
| First | Minimum fine of $250 up to $1000, license suspension of minimum 91 days, if BAC exceeds 0.18% 180 days. No mandatory jail time unless BAC is greater than 0.18%. License plates impounded during suspension. |
| Second within 5 years | Minimum fine of $500, 5 days in jail, 30 days community service, vehicle may be forfeited to the State |
| Third within 5 years | Minimum $1000 fine, jail term of 60 days, vehicle may be forfeited to the State, license plates impounded during suspension. License suspended for 2 years - 5 years if BAC more than 0.18%. |
| Fourth within 7 years | Minimum fine $1000, 180 days in jail, vehicle may be forfeited to the State, license plates impounded during suspension. License suspended for 2 years - 5 years if BAC more than 0.18%. |
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