North Dakota has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
North Dakota Department of Transportation
North Dakota is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.
You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically remain suspended on the 11th day for 3 months. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court-approved locations, and emergencies. North Dakota allows you to install an interlock device in lieu of suspension after 30 days.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
In North Dakota, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts may order the installation and monitoring of an interlock device, depending upon their judgment.
License Revocation, Fines and Jail
- First Offense – Class B Misdemeanor: at least 2 days in jail if BAC is 0.16% or more, minimum $500 fine, 91 days driver’s license suspension (180 days if BAC 0.18% or more). May be eligible for a temporary restricted work permit license after first 30 days of suspension (15 days if participating in the twenty-four-seven sobriety program), and alcohol addiction evaluation and treatment as required
- Second Offense – Class B Misdemeanor: at least 10 days in jail of which 48 hours must be served consecutively, minimum $1,500 fine, 365 days driver’s license suspension if second DUI within 7 years (180 days if previous DUI was more than 7 years ago and 2 years if BAC is 0.18% or more), possible ignition interlock restriction for a period of time that the court deems appropriate, alcohol addiction evaluation and treatment as required, and at least 12 months participation in the twenty-four-seven sobriety program. The vehicle may be impounded or confiscated.
- Third Offense – Class A Misdemeanor: at least 120 days in jail (court may suspend all but sixty days of jail if a person first completes an evaluation for alcohol and substance abuse treatment and rehabilitation program AND completes the 24-7 sobriety program), minimum $2,000 fine, 2 years driver’s license suspension (3 years if BAC is 0.18% or more), possible ignition interlock restriction for a period of time that the court deems appropriate, at least 1 year of supervised probation and participation in the twenty-four-seven sobriety program, and alcohol addiction evaluation and treatment as required. The vehicle may be confiscated or impounded.
- Fourth and Subsequent Offenses – Class C Felony: at least 1 year and 1 day in jail (court may suspend all but 1 year in jail if a person first completes an evaluation for alcohol and substance abuse treatment and rehabilitation program), minimum $25,000 fine, 3 years driver’s license suspension, possible ignition interlock restriction for a period of time that the court deems appropriate, at least 2 years supervised probation and participation on the twenty-four-seven sobriety program, and alcohol addiction evaluation and treatment as required. The vehicle may be confiscated or impounded.
For more information on North Dakota ignition interlock laws contact the North Dakota Department of Transportation.