North Dakota has an “Implied Consent Law” which means that if you want to drive on the roadways of North Dakota, you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reason to believe that you are under the influence of alcohol or drugs. In the State of North Dakota it is illegal for anyone to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or greater.
Refusal to submit to a chemical test: The consequences
Refusing to submit to a chemical test of your blood, breath or urine will result in the immediate suspension of your driver’s license for one year and you will be issued a 25 day permit until your hearing. However to reverse the immediate suspension of your license, you can plead guilty to your DUI charges and be eligible for a temporary restricted license after 30 days of the suspension has passed. On the other hand, if you plead guilty to your DUI charges, you will receive a 91-180 day suspension instead of the initial one year suspension.
North Dakota DUI Laws:
First North Dakota DUI Offense – The first drunk driving conviction in the State of North Dakota will cost up to $250 in fine and your driver’s license suspension of up to 180 days. If the court permits, you may receive a restricted driver’s license after 30 days of your initial suspension and ordered to an alcohol drug and abuse addiction facility for evaluation and treatment.
Second North Dakota DUI Offense – The second DUI conviction you receive will bring a minimum fine of $500, one year suspension of your driver’s license without the opportunity to receive a restricted license or work permit and minimum five days in jail or 30 days of community service, if the court allows.
Third North Dakota DUI Offense – Your third conviction of drunk driving in North Dakota will get you three year suspension of your driver’s license, a minimum fine of no less than $1000 and you will spend 60 days in Jail. You will also be ordered by the court to participate in an addiction facility for an alcohol evaluation.
Fourth North Dakota DUI Offense – The fourth time you are convicted of a DUI in North Dakota, you will receive a three year drivers license suspension which will only be restored after you have completed addiction treatment and have no record of any alcohol related offenses for two consecutive years after your rehab treatment, a minimum fine of no less than $1000 and 180 days in Jail.
Fifth North Dakota DUI Offense – If you are unfortunate enough to get a fifth convicted of drunk driving in North Dakota, you will be charged with a Class “C” Felony, face up to 5 years in jail and a fine of $5000.
Keep in mind that if you choose to drink and drive on the roadways of North Dakota and get caught with a blood alcohol concentration of .08 percent or higher you will be severely punished, so don’t drink and drive.
Originally posted 2016-12-11 15:09:01.