Created by FindLaw's team of legal writers and editors | Last reviewed March 13, 2018
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Whether you've had a day of concert-going and beers in Fargo, or you've had too many cocktails after an evening of poker at a local gaming casino, if you've been drinking alcohol and decide to drive, you could be in violation of North Dakota's driving under the influence (DUI) laws. Police officers in North Dakota are looking for several factors to determine if you are under the influence of drugs or alcohol before pulling you over. Law enforcement typically looks for weaving within our outside your lane, speeding or driving too slow, driving in the wrong lane, driving without your headlights, and more. Read on as FindLaw takes you through the highlights of DUI laws in the Peace Garden State.
Even if you think you've "only had a little," drinking and driving never mix. In North Dakota, you can be in violation of the law if you are either driving under the influence of alcohol or drugs, and/or are driving with a blood alcohol level (BAC) of 0.08 percent or more in your system. According to the Centers for Disease Control (CDC), every day, 28 people in the U.S. die in motor vehicle crashes that involve an alcohol-impaired driver. Your best bet is to always have a designated driver or call a taxi or ride share service.
In North Dakota, the legal age to drink alcohol is 21 years of age. The law doesn't make exceptions, no matter how innocent you think your drinking may be. If you are under 21 and you are caught drinking alcohol and driving, you are considered legally intoxicated if your blood alcohol level (BAC) is 0.02 percent or more at the time of driving. That is basically one drink. And if you are under 18 years of age, the penalties are even higher.
This chart lays out the basics of North Dakota's DUI laws:
North Dakota DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
| "Per Se" BAC Limit | 0.08 Percent |
| Zero Tolerance (Underage) BAC Limit | 0.02 Percent |
| Enhanced Penalty (Aggravated) BAC Limit | 0.18 Percent |
| Implied Consent to Submit to BAC Test? | Yes |
North Dakota DUI Laws: Select Penalties |
|
| Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) | 91 to 180 days, 1 or 2 years, 2 to 3 years |
| Mandatory Alcohol Education, Assessment and Treatment | Assessment & Treatment |
| Vehicle Confiscation Possible? | Yes (2nd offense) |
| Ignition Interlock Device Possible? | Yes |
If you're concerned about what a DUI conviction could mean for your driving record, criminal record, and reputation, consider contacting a qualified DUI attorney to learn more about your case. A DUI attorney in your jurisdiction will be able to review the evidence against you and help you decide the best course of action.
Contact a qualified DUI attorney to make sure your rights are protected.
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.