North Dakota law dictates that any driver over the age of 21 with a blood alcohol (BAC) count of .08% or higher cannot legally operate a vehicle. If they take a breath test and their BAC is above the limit, they will be arrested for driving under the influence (DUI). Drivers under the age of 21 fall under the state’s zero tolerance policy. This means that they will be charged with a DUI if they have a BAC if .02 or above.
In North Dakota, a first time DUI offender will have their license suspended for 91 days if their BAC falls .08% and .17%. If their BAC is .18% or higher, then their drivers license will be suspended for 180 days. Drivers will also be required to attend a mandatory alcohol and substance abuse evaluation. There is also a minimum $250 fine.
A second DUI offense in North Dakota within five years, the drivers license will be suspended for one year if they are 17 years or younger. If the driver is 18 years or older their license will be suspended for 2 years. There is no allowance for any type of restricted license. The minimum fine is $500. The offending driver will also spend 5 days in jail or be required to serve 30 days of community service.
DUI / DWI facts and statistics in North Dakota
- In 2017, 5 out of the 46 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 37 out of the 6,318 offenders caught for DUI / DWI were under the age of 18
- In 2018, 1 out of the 29 driving fatalities due to DUI / DWI was driven by drivers under the age of 21
- In the same year, 41 out of the 5,136 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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