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Experienced DUI Defense Representation

If you’ve been arrested for a DUI in North Dakota, it’s in your best interest to fully understand your legal rights. Although overall consequences will be dependent on your blood alcohol content (BAC), as well as your current driving record, you’ll be arrested if your BAC is .08% or higher if you’re over 21 years of age, .02% if you’re under 21, and .04% if driving a commercial vehicle.

If you happen to refuse the alcohol breath test that’s required when you get pulled over for suspected drunk driving, you’ll lose your North Dakota driver’s license immediately.

Recently arrested for a DUI in North Dakota? Our criminal defense attorneys can answer any questions you have about your upcoming court case.

DUI Penalties

When you’re charged with a DUI in North Dakota, there are both administrative and criminal penalties involved.

  • The first time you’re pulled over for a DUI and your BAC falls between .08% and .17%, you’re going to lose your driver’s license for 90 days. If your BAC is higher, it’s doubled to 180 days. You’ll also receive a fine in the amount of $250, as well as given information on local alcohol addiction facilities to contact
  • If you get pulled over again within five years of your first offense, you’ll lose your license for one year if your BAC falls between .08% and .17% and two years if it’s higher. Your fine will be $500, and you’ll have to spend five days in jail or sign up for 30 days of community service
  • Getting pulled over a third time within that five-year time frame means you’re losing your license for a period of two years if between .08% and .17%, three years if higher. Your fine jumps to $1000, and you’ll be sentenced to 60 days in jail.
  • A fourth DUI offense made within seven years of your first offense brings with it the same penalties as the third offense, except you’ll have to do 180 days of jail time. Additionally, you won’t get your driver’s license back until you’ve completed treatment for alcohol addiction and have a clear record when it comes to alcohol-related offenses for a minimum of two years.
  • Your fifth offense is a class c felony. You’re automatically hit with a $5000 fine, and will have to do up to five years of jail time.

Driving Under Suspension – DUS

If a court of law finds you guilty of driving under the influence, your right to drive is taken away. You have the right to appeal the suspension, which involves your contacting the court within 10 days so they can set a court date for the appeal. Because there are multiple factors that need to be addressed in a court of law once you decide to appeal, and not a lot of time to do so, it’s important for you to make sure you’re completely prepared to appeal the suspension of your driver’s license. There are exceptions to the rule that allow you to apply for a restricted license if you need to get you work or school, but there are a few conditions that must be followed:

  • Must have a clean record for the past year
  • Must enroll in a drinking, drug program that’s been approved by the courts
  • Must have a letter recommendation from the court district you live in

What Does Actual Physical Control (APC) Mean?

North Dakota’s DUI statute, N.D.C.C. § 39‑08‑01, treats Actual Physical Control the same as driving under the influence, even when the vehicle is not moving. The law focuses on whether an impaired individual had the immediate ability to control the vehicle.

APC applies in situations that many do not expect. Pulling over to rest or “sleep it off” in a parked vehicle can lead to arrest if officers believe the individual could put the vehicle in motion. The central focus is on having direct access to the means to drive.

Police officers consider the full circumstances of each encounter, but these examples show how easily an APC arrest can occur:

  • Having the keys anywhere inside the vehicle
  • Sitting in the driver’s seat or any other seat
  • Being able to reach the ignition
  • Being inside a running or nonrunning vehicle
  • Being in a parked vehicle on public or private property

Even someone resting in the backseat with the keys in a pocket may be considered to have control of a vehicle.

How Long Does A North Dakota DUI Appear On Your Record?

North Dakota uses a seven‑year lookback period for first, second and third DUI offenses. A fourth offense is a felony and follows a 15‑year lookback period. Unfortunately, a felony DUI conviction remains on a person’s criminal record permanently and these timeframes affect charging decisions and sentencing.

What Is The 24/7 Sobriety Program In North Dakota?

The 24/7 Sobriety Program is a monitoring system often used for individuals charged with a second or subsequent DUI. Participation is often necessary to secure release on bond or to qualify for a restricted driver’s license. The program is designed to encourage continuous sobriety through frequent testing and strict oversight.

Participants typically report twice each day, at 7 a.m. and 7 p.m., for breath testing. Some instead use alcohol‑monitoring ankle bracelets (SCRAM) or drug‑detection patches when daily reporting is not feasible. These tools enable continuous monitoring and issue immediate alerts for any violations.

Missing a test or producing a positive result typically leads to immediate jail time. While the program is demanding, it allows many to maintain employment and family responsibilities while meeting court requirements. We can help you request placement in the program as a release condition when the court is deciding eligibility.

Why Choose Hankey Law

According to a recent survey on the most dangerous states for drunken driving, North Dakota came in first. This has led to stricter DUI laws in ND, which means you can get arrested even if your BAC was below the legal limit. An officer has the right to arrest you if you display any signs that makes them think you may be driving under the influence. In fact, as soon as an officer sees a driver driving suspiciously, they start making their case against them. Our criminal defense attorneys have the experience and knowledge to take on these charges.

Contact Us Today

DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) mean the same thing, and are often used interchangeably. If you’ve received a DUI charge, you’ll benefit from having experienced criminal defense lawyers in North Dakota by your side. We are 100% dedicated to protecting your rights. Call us at 701-999-2326 or use our online contact form.