Facing a DUI Charge in North Dakota? Know What Is at Stake
A DUI charge can affect your driver’s license, employment, finances, reputation, and freedom. However, an arrest is not the same as a conviction. Understanding the law—and acting quickly—can help you protect your rights and determine the best path forward.
North Dakota DUI Statistics
Impaired driving remains a serious issue throughout the state:
In 2023, North Dakota recorded 5,591 DUI offenses involving alcohol or drugs.
Over a recent five-year period, the state averaged 38 alcohol-related traffic deaths and 393 alcohol-related injuries each year.
In 2024, an alcohol-related crash occurred approximately once every 14 hours in North Dakota.
These figures come from the North Dakota Department of Transportation and its 2026 impaired-driving enforcement report.
What Qualifies as DUI in North Dakota?
Under North Dakota Century Code § 39-08-01, a person may be charged with DUI for driving or being in actual physical control of a vehicle while:
Having a blood alcohol concentration of 0.08% or higher;
Being under the influence of alcohol;
Being impaired by drugs or another substance;
Being impaired by a combination of alcohol and drugs; or
Refusing a legally requested chemical test after receiving the required advisory.
Because the law includes “actual physical control,” a vehicle does not necessarily have to be moving for a person to face a DUI charge.
North Dakota also has a zero-tolerance rule for drivers under 21. An alcohol concentration of 0.02% or higher may result in consequences for an underage driver.
Potential North Dakota DUI Penalties
The consequences become increasingly severe with each offense:
First offense: Class B misdemeanor, a minimum $500 fine, an addiction evaluation, and possible license suspension. A BAC of 0.16% or higher carries at least two days of imprisonment and a minimum $750 fine.
Second offense within seven years: Class B misdemeanor, at least 10 days of imprisonment, a $1,500 fine, an addiction evaluation, and participation in North Dakota’s 24/7 Sobriety Program.
Third offense within seven years: Class A misdemeanor, at least 120 days of imprisonment, a minimum $2,000 fine, supervised probation, and participation in the 24/7 Sobriety Program.
Fourth or subsequent offense within 15 years: Class C felony, at least one year and one day of imprisonment, a minimum $2,000 fine, supervised probation, and participation in the 24/7 Sobriety Program.
License suspensions or revocations may range from 91 days to several years, depending on the driver’s BAC, prior history, and whether chemical testing was refused. Additional penalties may apply when a minor was in the vehicle or when an impaired-driving incident caused injury or death. See the NDDOT DUI penalty summary.
A DUI Case Deserves Careful Examination
No two DUI cases are identical. The legality of the traffic stop, the officer’s observations, field sobriety testing, chemical-test procedures, equipment accuracy, and compliance with constitutional and statutory requirements may all be relevant.
At Murtha Law Office, we carefully examine the circumstances surrounding your arrest, explain your options, and build a defense strategy focused on the outcome that matters to you. We understand how much is at stake and work to ensure that your rights are protected throughout the legal process.
If you have been arrested or charged with DUI in Dickinson or elsewhere in North Dakota, do not wait to seek legal guidance.
Contact Murtha Law Office:
701-227-0146
This article provides general information and is not legal advice. North Dakota laws and penalties may change, and the outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.