State service guide

North Dakota DUI laws: actual-physical-control cases, refusal as its own offense, a 10-day hearing deadline, and 24/7-linked restricted driving

North Dakota DUI law is broader than a simple 0.08 driving rule. The Century Code makes it illegal to drive or be in actual physical control while over the legal limit, under the influence, under impairing drugs, under combined alcohol and drug impairment, or after refusing a required chemical test. The practical North Dakota details are the split between criminal penalties and separate implied-consent license actions, the 10-day deadline to request an administrative hearing after the temporary permit is issued, the way BAC 0.16 and 0.18 change consequences, and the fact that repeat alcohol cases tie into the 24/7 Sobriety Program and temporary restricted-license rules.

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Core alcohol threshold North Dakota uses 0.08 within 2 hours, and 0.02 for drivers under 21
Hearing deadline The driver has 10 days after the temporary operator's permit is issued to request an administrative hearing
Temporary permit After a qualifying test result or refusal, law enforcement generally issues a temporary permit for 25 days if the driver has valid privileges
Repeat-offense windows North Dakota uses 7 years for first through third DUI counting and 15 years for fourth or subsequent felony DUI counting

Overview

What this page helps you verify

A good North Dakota DUI page should not collapse everything into one penalty table. The state's current public materials and statutes split the issue into the criminal case under section 39-08-01 and the administrative license case under chapter 39-20. The strongest statewide version of this page should answer four questions quickly: what conduct counts as DUI, whether the case is a test-result or refusal case, how the seven-year and fifteen-year lookback windows affect charge level and suspension length, and whether the driver may need the 24/7 Sobriety Program to regain limited driving privileges.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The citation, temporary operator's permit, and any notice of suspension, revocation, or denial served after the stop
  • The breath, blood, or urine test records or the refusal-related paperwork if the case involves a chemical-test refusal
  • A timely written or online administrative hearing request if you plan to challenge the implied-consent action
  • Your North Dakota driving record if prior alcohol-related violations or prior implied-consent suspensions may change the penalty tier
  • Any temporary restricted license or 24/7 Sobriety Program paperwork if you are seeking limited driving privileges during suspension or revocation

Typical flow

What the process often looks like

  1. Identify first whether the North Dakota case is mainly a criminal DUI prosecution, an implied-consent license action, or both, because the state runs both tracks at once.
  2. Check whether the case is a test-result case or a refusal case, because North Dakota uses different administrative sanction sections for those branches.
  3. If you want to challenge the license action, request the administrative hearing within the state's 10-day window instead of waiting for the criminal case to finish.
  4. If the case is a second or subsequent alcohol offense, evaluate 24/7 Sobriety Program and temporary restricted-license eligibility early because those rules can affect how limited driving works during suspension or revocation.

What counts as DUI

North Dakota DUI law reaches actual-physical-control and refusal cases, not just classic drunk-driving arrests

The offense definition is broader than many generic state summaries suggest.

  • North Dakota prohibits driving or being in actual physical control with an alcohol concentration of at least 0.08 within two hours.
  • The same statute also covers being under the influence of intoxicating liquor, under the influence of a drug or substance to a degree that makes safe driving impossible, under the combined influence of alcohol and other drugs or substances, and refusing a required chemical test.
  • For drivers under 21, North Dakota's statutes and NDDOT materials use 0.02 as the alcohol threshold.

Charge level and sentencing

North Dakota uses a 7-year ladder for most repeat DUI charging and a 15-year window for the felony step

That repeat-offense structure should stay near the top of the page.

  • A first or second DUI in seven years is a class B misdemeanor, a third DUI in seven years is a class A misdemeanor, and a fourth or subsequent DUI within fifteen years is a class C felony.
  • North Dakota's first-offense minimum sentence includes at least a $500 fine and an addiction evaluation, and a first offense at 0.16 or higher becomes an aggravated first offense with at least a $750 fine and at least two days' imprisonment.
  • For a second offense within seven years, the statute requires at least ten days' imprisonment, a $1,500 fine, an addiction evaluation, and at least 360 days in the 24/7 Sobriety Program.

Administrative sanctions

North Dakota's license case has its own suspension and revocation ladder, and BAC 0.18 matters there too

This is where the implied-consent chapter becomes more operational than the criminal statute.

  • For a qualifying test result, North Dakota's administrative sanction is 91 days on a first case below 0.18 BAC and 180 days on a first case at 0.18 BAC or higher.
  • For later alcohol cases, the administrative suspension grows to 365 days, two years, or three years depending on the person's prior record and whether the last alcohol concentration was below or at least 0.18.
  • For refusing a required chemical test, North Dakota's implied-consent law uses a revocation ladder of 180 days, two years, or three years based on prior alcohol-related history.

Hearings and restricted driving

The 10-day hearing deadline is short, and temporary restricted driving is tied closely to offense history

These are the details most likely to change what a driver can do next.

  • North Dakota gives the driver an opportunity for an administrative hearing only if the request is sent within ten days after the temporary operator's permit is issued.
  • The temporary permit generally extends valid driving privileges for twenty-five days unless it ends earlier by hearing decision.
  • NDDOT says a temporary restricted license is available only for certain suspensions or revocations, is not available to anyone under 18, and cannot be used for commercial driving.
  • For a second or subsequent alcohol-related violation, NDDOT says a temporary restricted license is issued only on the condition that the offender participate in the 24/7 Sobriety Program.

Minor passenger and extra fallout

North Dakota also layers in harsher treatment for DUI with a minor and for injury or death cases

These add-on provisions are important enough to keep visible.

  • A DUI committed by a person at least twenty-one years old while a minor is accompanying the driver is a separate class A misdemeanor, and a repeat under that section becomes a class C felony.
  • North Dakota separately treats criminal vehicular injury as a class B felony and criminal vehicular homicide as a class A felony when they result from a DUI offense.
  • After a second or subsequent DUI conviction within seven years, the court may also order the number plates of vehicles owned and operated by the offender at the time of the offense to be destroyed, subject to hardship exceptions.

Accuracy notes

Where people get tripped up

  • North Dakota DUI content should explain that refusal is both a criminal DUI offense and a separate implied-consent license problem, not just a hearing-side issue.
  • Keep the seven-year and fifteen-year repeat-offense windows separate. North Dakota uses both, and flattening them into one lookback rule is inaccurate.
  • BAC 0.16 matters for aggravated first-offense criminal sentencing, while BAC 0.18 matters for parts of the administrative suspension ladder. Those thresholds should not be blended together.
  • The 10-day administrative-hearing deadline and 25-day temporary permit are core North Dakota operational rules and should stay prominent.

FAQ

Common questions

  • Does North Dakota DUI law apply even if the vehicle was not moving?

    Yes. The statute applies to driving or being in actual physical control of a vehicle.

  • How long do I have to request a North Dakota DUI administrative hearing?

    North Dakota's implied-consent law says the hearing request must be made within 10 days after the temporary operator's permit is issued.

  • What happens if I refuse the chemical test in North Dakota?

    Refusal is its own DUI offense, and it also triggers an implied-consent revocation. North Dakota's revocation ladder for refusal runs from 180 days to three years depending on prior alcohol-related history.

  • When does a North Dakota DUI become a felony?

    A fourth or subsequent DUI within fifteen years is a class C felony under North Dakota's DUI statute.

  • Can I get restricted driving after a North Dakota alcohol suspension?

    Sometimes. NDDOT says a temporary restricted license may be available for certain offenses, but not for drivers under 18 or for commercial driving, and second or subsequent alcohol cases require 24/7 Sobriety Program participation.

Sources

Official references used for this page

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