North Dakota DUI/DWI Laws: Penalties, Court Process, and Records

The United States prosecutes criminal traffic offenses such as Driving Under the Influence (DUI) and Driving While Intoxicated (DWI). In North Dakota, the official term is DUI, which applies to impairment caused by alcohol, drugs, or a combination of both. The state enforces strict DUI laws, with penalties that increase in severity for repeat offenders.

What Is a DUI in North Dakota?

According to the N.D.C.C. §39-08-01, no one may drive or be in control of a vehicle on roads or areas open to the public if any of the following apply:

• The driver has a blood alcohol concentration (BAC) of 0.08% or higher within two hours of driving or being in control of a vehicle
• The driver is under the influence of alcohol
• The driver is under the influence of drugs or substances to the point of being unable to drive safely
• The driver is under the combined influence of alcohol and drugs or substances to a degree that makes it unsafe to drive

In North Dakota, the legal limit for drivers aged 21 and older is a blood alcohol concentration (BAC) of 0.08%, while drivers under 21 are subject to a zero-tolerance rule at 0.02% BAC.

Even without a high BAC, a driver can be charged with DUI if drugs, medications, or other intoxicants affect their ability to drive safely.

DUI Penalties in North Dakota

In North Dakota, repeat offenses are measured against a 7-year look-back period, with harsher penalties for each new conviction:

• First DUI Offense

A first DUI offense in North Dakota is treated as a Class B misdemeanor. If the driver’s BAC is below 0.16, the penalty is a $500 fine and a 91-day license suspension. For a BAC level higher than 0.16, the punishment increases to a minimum of two days in jail, a $750 fine, and a 180-day license suspension.

• Second DUI Offense

A second DUI offense within seven years of the first is still considered a Class B misdemeanor. The offender must serve at least ten days in jail and pay a minimum of $1,500. Moreover, the offender’s license is suspended for one year if the BAC is below 0.18. It is also compulsory for the offender to participate in the 24/7 Sobriety Program for 360 days.

• Third DUI Offense

This is a Class A misdemeanor punishable by at least 120 days in jail and a fine of $2,000. Then, the offender must participate in the 24/7 sobriety program for 360 days and is placed on supervised probation for one year.

• Fourth or Subsequent DUI

In North Dakota, a fourth or subsequent DUI is deemed a Class C felony. The offender must be sentenced to 1 year and one day in prison, and pay a fine of at least $2,000. In addition, they must complete two years in the 24/7 sobriety program and serve two years of supervised probation.

An aggravated DUI refers to certain conditions that make a DUI more serious and can lead to a felony charge. Such conditions include aggravating factors like riding with a minor passenger, injury, or death.

DUI Arrest and Court Process in North Dakota

DUI cases in North Dakota involve both administrative license actions and criminal prosecution:

• Arrest and Booking: A law enforcement officer may arrest a driver if impairment is suspected and supported by tests. Then, the driver is taken to jail, fingerprinted, and booked for a DUI charge.
• Administrative License Suspension: If the driver refuses to take a chemical test, the North Dakota Department of Transportation begins an administrative suspension of the driver’s license.
• Arraignment: This is the first court appearance where the judge informs the defendant of their rights. The defendant can enter a plea of no contest, guilty, or not guilty.
• Pre-Trial Phase: The defense attorneys may file motions to exclude evidence and attempt to reach a plea agreement.
• Trial: The prosecution must prove beyond a reasonable doubt that the driver was under the influence.
• Sentencing: If the defendant is convicted of DUI, the judge imposes penalties like alcohol education, jail, probation, or a fine.

How to Search for DUI Records in North Dakota

In North Dakota, DUI records are publicly accessible and may be located through several systems:

• North Dakota Court Records Inquiry (NDCRI): The NDCRI system allows users to search for DUI cases handled in the North Dakota trial courts online.
• North Dakota Department of Transportation (NDDOT): Individuals can request a driver abstract from the NDDOT online, by mail, or in person for a small fee.
• County Clerk of Court Offices: Provide the public with the official case files in DUI cases.
• North Dakota Bureau of Criminal Investigation (BCI): The BCI requires an individual’s consent to provide their criminal background checks for employment or licensing purposes.

A DUI record may contain details such as penalties imposed, license restrictions, conviction outcome, and BAC results.

How Long Does a DUI Stay on Your Record in North Dakota?

• Criminal Record: A DUI conviction remains permanent on an individual’s record. While felony DUI records in North Dakota remain ineligible for sealing, some misdemeanors may qualify after a period of years without further criminal activity.
• Driving Record: DUI convictions remain on a North Dakota driving record for 7 years for first and second offenses and forever for third and subsequent offenses.
• Employment: Employers and licensing authorities may continue to see convictions on record permanently.

In North Dakota, DUI refers to the impairment caused by alcohol, drugs, or a combination of both. While first-time offenders may face short jail terms and fines, repeat violations often result in harsher penalties such as mandatory prison time. Depending on the type of DUI record being sought, requesters may access them through the state court clerks’ offices, the NDCRI, or the NDDOT. Due to the lasting effects of DUI convictions, it is important to be familiar with North Dakota’s DUI laws.