Drunk and drugged driving laws in North Dakota
The NDDOT manual says that nearly half of North Dakota traffic deaths involve drivers who had been drinking. North Dakota treats impaired driving very seriously, with separate penalties against your license and in court.
For new drivers the key fact is zero tolerance: if you are under 21, a tiny amount of alcohol is enough to count as under the influence.
By the end of this topic you can
- You can state the legal alcohol limits for adults and for drivers under 21.
- You can explain implied consent and what refusing a test costs.
- You can describe the two separate sets of DUI penalties.
- You can explain how alcohol affects driving and why only time sobers you up.
- You can describe the open container and minor-in-possession rules.
What you need to know and understand
- You are under the influence at an alcohol concentration of 0.08 or more, or 0.02 or more if you are under 21.
- By driving in North Dakota you have agreed to a chemical test of your blood, breath, urine or saliva.
- Refusing a chemical test or a roadside preliminary breath test means revocation for 180 days to three years.
- First offense in seven years: 91-day suspension, or 180 days at 0.18 or more.
- First conviction in court: a fine of at least $500, rising to $750 and two days in jail at 0.16 or more, plus an addiction evaluation.
- Drug-impaired driving carries the same penalties as alcohol.
- Open containers are illegal for drivers and passengers, and people under 21 may not buy, possess or drink alcohol.
- A minor under 18 can have their license cancelled for an alcohol or drug offense while driving.
How alcohol changes your driving
Alcohol slows reactions, blurs vision, breaks concentration, dulls judgment and makes you feel more confident than you should. Three things set your alcohol concentration: how much alcohol you drink, how quickly, and your body weight. A can of beer, a glass of wine and a shot of liquor hold roughly the same alcohol. Coffee, cold showers and exercise do nothing: only time clears alcohol from your blood.
Medicines can impair you too. Even some cold tablets cause drowsiness, so read the label before you drive.
Two kinds of penalty
A DUI brings an administrative action against your license from NDDOT and a separate criminal case. You can lose your license through either or both.
- License suspension, first offense in seven years: 91 days, or 180 days at 0.18 or more.
- Second offense in seven years: 365 days, or two years at 0.18 or more.
- Third or later in seven years: two years, or three years at 0.18 or more.
- Court penalties rise with each conviction and include jail and the 24/7 Sobriety Program from the second offense. A fourth offense in 15 years is a felony.
- Every convicted offender needs an addiction evaluation, and you must file SR-22 proof of insurance after a refusal or conviction.
Extra consequences
- An adult who drives impaired with a minor in the vehicle commits a more serious offense: a first offense means at least a $750 fine and two days in jail.
- Causing serious injury adds 90 days in jail; causing a death adds one year.
- Driving while suspended after an alcohol violation means at least four days in jail and a fine of up to $1,000.
- Plates and registration may be impounded for the length of the suspension.
Make the safe choice
Plan a sober ride before you go out, and never ride with a driver who has been drinking or using drugs. If you see a driver who seems impaired, pull over safely and call 911. Recreational cannabis questions come up often: the safe rule is that any drug that affects you makes driving illegal, and North Dakota applies the same DUI penalties to drugs as to alcohol. Our North Dakota Points System and DUI Penalties guide has the full tables.
Common mistakes
- Thinking one drink is fine at 19. Under 21, 0.02 counts as under the influence.
- Believing coffee or a nap of an hour will sober you up. Only time works.
- Refusing the roadside test to avoid trouble. Refusal itself brings a revocation of 180 days to three years.
- Letting a passenger keep an open can in the car. Open containers are illegal for everyone in the vehicle.
Test yourself: Drunk and drugged driving laws in North Dakota
Answer each question, then read the explanation. Questions come in a random order each time.
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Sources: Noncommercial Driver License Manual, Class D, 2025-2027, North Dakota Department of Transportation; North Dakota Century Code 39-08-01 and 39-08-01.4 (ndlegis.gov). Independent guide, not affiliated with any licensing agency. Always check the latest official rules with the North Dakota licensing agency.