North Dakota (ND) - State Requirements for Ignition Interlock Devices
The North Dakota Ignition Interlock Program
The legal blood alcohol content (BAC) limit in North Dakota is .08 percent. Drivers found to be at or above that limit risk a conviction for driving under the influence (DUI).
North Dakota, like many states, has a tiered penalty system for DUI offenses. Penalties may increase depending on the offender’s BAC level and if there are prior offenses in the past seven years. Some may be able to get a temporary restricted license if they agree to install an ignition interlock device and meet other criteria.
What Happens if I Get a DUI in North Dakota?
These penalties are what DUI offenders are facing in North Dakota if convicted of DUI. Penalties may increase if there are specific circumstances, like a minor being present in the car. Additional penalties apply if there is damage, injury, or death caused by the incident, or if the offender’s BAC was excessively high.
First DUI Offense
- If BAC < .16, fine of $500
- If BAC > .16, two days in jail and a $750 fine
- If BAC < .18, 91 day license suspension
- If BAC > .18, license suspended for 180 days
- Addiction evaluation required
- May need to install IID to regain driving privileges
Second DUI Offense (Within 7 Years)
- Ten days in jail and a $1,500 fine
- Must participate in 24/7 alcohol testing program for 360 days
- If BAC < .18, license suspended for 365 days
- If BAC > .18, license suspended for two years
- Addiction evaluation required
- May need to install IID to regain driving privileges
Third DUI Offense (Within 7 Years)
- 120 days in jail and a $2,000 fine
- Must participate in 24/7 alcohol testing program for 360 days
- 360 days of supervised probation
- If BAC < .18, license suspended for two years
- If BAC > .18 license suspended for three years
- Addiction evaluation required
- May need to install IID to regain driving privileges
What Happens if I Fail to Complete or Refuse to Submit to a DUI Test in North Dakota?
Penalties still apply to drivers who refuse the test, including license revocation for at least one year on a first offense and refusal to test. The penalties increase if there is a second offense and refusal and so on.
How Do I Regain Driving Privileges in North Dakota?
Some offenders may be able to get back on the road if they install an interlock device. Drivers are responsible for the cost of the IID. Temporary restricted licenses are granted to eligible drivers who meet the following criteria:
- Installed an IID from an approved provider like Intoxalock
- Have not committed an alcohol-related offense in the past five years
- Are operating a non-commercial vehicle
- Have not violated previous temporary license restrictions
- Show proof of SR22 insurance
- Pay all applicable fines and serve the mandated portion of the suspension period
- Must be over 18 and cannot have two or more criminal convictions, and can’t have any violations within the past year
- Participate in 24/7 program and probation as directed