North Dakota Points System and DUI Penalties Explained

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In North Dakota, reaching 12 points suspends your license. Each point over 11 adds 7 days to the suspension. If you are under 18, just 6 points cancels your license. For DUI, the limit is 0.08 alcohol concentration, or 0.02 under 21. A first offense means a 91-day suspension and a fine of at least $500. This guide sets out the point values, how to reduce points, and the administrative and court penalties for DUI, including the 24/7 Sobriety Program.

Key facts

  • Suspension: 12 or more points. 12 points means 7 days, and each point over 11 adds 7 days.
  • Under 18: 6 or more points, or an alcohol or drug offense while driving, cancels your license.
  • Point reduction: 1 point comes off for every 3 months without a new violation. A defensive driving course takes off 3 points, once every 12 months.
  • Legal limit: 0.08, or 0.02 under 21.
  • Test refusal: revocation for 180 days to 3 years.

How the North Dakota point system works

Points are normally added to your record within 10 days of a conviction. Once your record reaches 12 points, NDDOT tells you it intends to suspend your license, and you can ask for an administrative hearing.

Point total Suspension
12 7 days
13 or more 7 days for each point over 11 (for example, 15 points means 28 days)

Speeding points

Over the limit Zones of 65 mph or less Zones above 65 mph
1 to 5 mph 0 0
6 to 10 mph 0 1
11 to 15 mph 1 3
16 to 20 mph 3 5
21 to 25 mph 5 7
26 to 30 mph 9 10
31 to 35 mph 9 12
36 to 45 mph 12 15
46 mph or more 15 15

In the 65 mph or less column, NDDOT lists the bands as 26 to 35 mph (9 points), 36 to 45 mph (12 points) and 46 mph or more (15 points). In the above-65 column, 36 mph or more over is 15 points.

Other common violations

Points Examples
1 Not providing a child restraint, failing to dim headlights, unlawful parking in prohibited places
2 Failing to yield, disobeying a traffic signal, driving on the wrong side of the road, breaking instruction permit conditions, open container (driver)
3 Failing to stop at a railroad crossing, exhibition driving
4 Violating a restriction on a restricted license or instruction permit
6 Passing a stopped school bus, careless driving
8 Reckless driving
10 Racing
18 Leaving the scene of a crash with injury or death
24 Fleeing a law enforcement officer in a vehicle

For a driver under 18, one ticket for passing a stopped school bus (6 points) is enough on its own to cancel the license.

How to reduce points in North Dakota

  • Time: 1 point comes off for every 3 months with no new points. Reductions are paused while you are serving a points suspension or cancellation.
  • Defensive driving course: an approved course takes off 3 points, once every 12 months.
  • Course instead of points: for a violation worth 5 points or fewer, you can take an approved course so the points are never added. You can do this once every 12 months, and not in the same period as the 3-point reduction.

Some insurers check your record. NDDOT says insurers who check can see violations from the last three years that carry 3 or more points.

Minor’s cancellation (under 18)

If you are under 18, either of these cancels your permit or license:

  • reaching 6 or more points
  • an alcohol or drug offense while driving, when the court orders cancellation.

You then start again. You need a parent’s permission, the written and vision tests, a new permit held for the required time, and driver’s education before the road test. Your points do not reset to zero. Under-18s cannot get a work permit or a temporary restricted license. See the restricted license rules.

Drinking, drugs and driving: the North Dakota DUI law

When you drive in North Dakota, you are treated as having agreed to a chemical test of your blood, breath, urine or saliva. You are legally under the influence at 0.08, or 0.02 if you are under 21. The same penalties apply to driving under the influence of drugs. A DUI brings two separate sets of penalties: administrative action against your license, and a criminal case in court.

Administrative license suspension

Offense in 7 years Below 0.18 0.18 or more
First 91 days 180 days
Second 365 days 2 years
Third or later 2 years 3 years

Refusing a chemical test or a roadside preliminary breath test means revocation for 180 days to 3 years. After at least 30 days of a suspension, you may get a temporary restricted license. If you are in the 24/7 Sobriety Program, this can be after 14 days. A temporary restricted license is never issued to anyone under 18.

Court penalties (North Dakota Century Code 39-08-01)

Conviction Minimum sentence
First, below 0.16 Fine of at least $500, and an addiction evaluation
First, 0.16 or more Fine of at least $750 and at least 2 days in jail, plus an addiction evaluation
Second in 7 years At least 10 days in jail, a $1,500 fine, an addiction evaluation, and at least 360 days in the 24/7 Sobriety Program
Third in 7 years At least 120 days in jail, a fine of at least $2,000, an addiction evaluation, at least 360 days of supervised probation, and at least 360 days in the 24/7 Sobriety Program
Fourth or later in 15 years (felony) At least 1 year and 1 day in jail, a fine of at least $2,000, an addiction evaluation, at least 2 years of supervised probation, and the 24/7 Sobriety Program

The 2025 to 2027 manual gives $1,000 as the fine for a second conviction. The current statute and NDDOT’s DUI penalties page both say $1,500, and this table uses the statute.

The 24/7 Sobriety Program

For second and later DUI convictions, the 24/7 Sobriety Program is a mandatory condition of probation. Taking part also lets you get a temporary restricted license sooner: after 14 days of a suspension instead of 30. If you have a test refusal, or more than one alcohol or drug violation, in the past 7 years, you can get a temporary restricted license only by taking part in the program. You must stay in it until you have gone one year without a violation.

Other DUI consequences

  • A DUI with a minor in the vehicle can bring up to one year in jail, a $2,000 fine, or both.
  • Causing serious injury adds 90 days in jail, and causing a death adds one year, on top of the DUI minimums.
  • Driving while suspended or revoked after an alcohol violation brings at least 4 days in jail and a fine of up to $1,000.
  • A refusal or DUI conviction means you must file SR-22 proof of insurance.
  • Open containers are illegal for drivers and passengers. People under 21 may not buy, possess or drink alcohol.

More: zero tolerance laws for under-21s, implied consent in the US, drugged driving and points systems in other states.

Common questions

How many points before you lose your license in North Dakota?

12 points for adults, or 6 points if you are under 18.

Is a speeding ticket for 10 over worth points in North Dakota?

In a zone of 65 mph or less, no: 6 to 10 mph over is 0 points. In a zone above 65 mph, it is 1 point.

What happens at 0.02 if I am under 21?

You are treated as under the influence, and the administrative suspension starts at 91 days for a first offense.

Can I refuse the roadside breath test?

You can, but refusing the roadside test or the chemical test leads to revocation for 180 days to 3 years. NDDOT also says refusal may be a crime.

Do points ever go away?

Yes. One point comes off for every 3 months without new points, and a defensive driving course can take off 3 more.

Can a teen get a work license after a cancellation?

No. NDDOT does not issue work permits or temporary restricted licenses to anyone under 18.

Overview: learning to drive in North Dakota.

Sources

  • North Dakota Department of Transportation, “Noncommercial Driver License Manual, Class D, 2025 to 2027” (dot.nd.gov)
  • North Dakota Department of Transportation, “Driver License Points Reduction and Points Schedule” (dot.nd.gov)
  • North Dakota Department of Transportation, “Penalties for Driving Under the Influence” (dot.nd.gov)
  • North Dakota Department of Transportation, “Driver License” (dot.nd.gov)
  • North Dakota Legislative Branch, “North Dakota Century Code Chapter 39-08” (ndlegis.gov)