North Dakota DUI Defense Guide — Charges & Options
DUI basics, court steps, and what happens next
A DUI arrest triggers two separate proceedings that run at the same time. The criminal case decides guilt, penalties, and your record. The administrative case decides whether your license is suspended — often on a much shorter deadline. Missing a step in one track can limit your options in the other, which is why understanding both paths from the start matters.
The two tracks: criminal and administrative
Track 1: Criminal prosecution
The criminal case is a court proceeding where the state must prove DWI beyond a reasonable doubt. North Dakota's per se BAC limit is 0.08, but you can also be charged based on impairment regardless of BAC. A first offense is classified as a Class B misdemeanor.
Track 2: Administrative license action
The administrative action is handled separately from the criminal case §39-20-04. It can result in license suspension even if the criminal case is eventually dismissed. You have 10 days after notice to request administrative hearing to request a hearing to contest the suspension.
What triggers enhanced penalties
- BAC ≥ 0.16 (mandatory minimum jail even first offense)
- Prior DWI within 7 years
- Child under 16 in vehicle
- Serious bodily injury or death
Implied consent and chemical testing §39-20-01; §39-20-04
North Dakota has an Implied consent law: by driving on North Dakota roads, you have implicitly consented to chemical testing when lawfully arrested for DWI. Refusing the test carries its own consequences: Refusing the test carries its own administrative license revocation, with longer periods if you have prior incidents — confirm the exact period with a lawyer; refusal can also be charged as a criminal offense under § 39-08-01. In North Dakota, refusal to submit to chemical testing is admissible as evidence at trial §39-20-01; §39-20-04.
BAC thresholds that matter
| Category | BAC Limit | Consequence | |
|---|---|---|---|
| Standard per se | 0.08 | DWI charge without other evidence of impairment | |
| Enhanced penalty | 0.16 | Higher minimum penalties and longer license suspension | |
| Under 21 | 0.02 | Zero tolerance violation | |
| Commercial (CDL) | 0.04 §49 C.F.R. § 383.51 | CDL disqualification |
Why timing matters most
DWI cases are unusually time-sensitive. The administrative hearing deadline begins running from the date of arrest or notice — not from the first court date. Evidence (dashcam footage, witness recollections, calibration records) can deteriorate. Early attorney involvement can preserve options that disappear with delay.
Ready to Talk to a Lawyer?
Submit a short intake form and a participating North Dakota attorney who handles this type of matter may reach out to you. No commitment required.
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Refusal consequence: Refusing the test carries its own administrative license revocation, with longer periods if you have prior incidents — confirm the exact period with a lawyer; refusal can also be charged as a criminal offense under § 39-08-01
- Refusal admissible at trial: yes
- Hearing deadline: 10 days after notice to request administrative hearing
- First offense suspension: 91 days (first offense failed test); 180 days (refusal)