What is the minimum jail time for a first DWI?

In North Dakota, the minimum jail time for a first offense is none mandatory (24 hours if BAC ≥ 0.16) and the maximum is 30 days. Actual time served depends on the facts and circumstances.

How much does a DWI cost in total?

The statutory fine range for a first offense is $500 to $1,500, but the total cost is substantially higher when you include surcharges, court costs, substance abuse programs, IID installation and monitoring fees, increased insurance premiums, and attorney fees.

When does DWI become a felony in North Dakota?

third offense within 7 years is a Class C felony.

How far back do prior offenses count?

North Dakota uses a 7 years [def:lookback period] for determining how prior offenses affect sentencing.

Topic guideUpdated 2026-02-27

North Dakota DUI Penalties — Fines, Jail & Probation

Common consequences to discuss with counsel.

DWI penalties in North Dakota escalate significantly with each subsequent offense and with aggravating factors like high BAC. Understanding the penalty structure helps you assess the stakes and make informed decisions.

First offense

A first DWI in North Dakota is classified as a Class B misdemeanor.

Jail: none mandatory (24 hours if BAC ≥ 0.16) minimum to 30 days maximum
Fine: $500 to $1,500
License suspension: 91 days
Substance abuse program: alcohol and drug evaluation and recommended treatment
Community service: may be ordered in lieu of fine
Probation: available

Second offense

Jail: 10 days minimum to 1 year maximum
Fine: $1,500 to $3,000
License suspension: 365 days

Third and subsequent offenses

Jail/prison: 120 days minimum to 1 year (Class A misdemeanor) or up to 5 years (felony) maximum
Fine: $2,000 to $10,000 (felony)
License suspension: 2 years; possible permanent revocation for 3rd within 7 years
Felony threshold: third offense within 7 years is a Class C felony

Penalty comparison by offense tier

	Offense	Jail Range	Fine Range
First DWI	none mandatory (24 hours if BAC ≥ 0.16)–30 days	$500–$1,500	91 days
Second DWI	10 days–1 year	$1,500–$3,000	365 days
Third DWI	120 days–1 year (Class A misdemeanor) or up to 5 years (felony)	$2,000–$10,000 (felony)	2 years; possible permanent revocation for 3rd within 7 years

Lookback period

North Dakota uses a 7 years Lookback period to determine how prior offenses affect sentencing. Only DWI convictions within this window count toward the escalating penalty tiers.

Enhanced penalties for aggravating factors

BAC ≥ 0.16 (mandatory minimum jail even first offense)
Prior DWI within 7 years
Child under 16 in vehicle
Serious bodily injury or death

What these penalties mean in practice

Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.

⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced DWI attorney can often identify mitigating factors or procedural issues that affect the outcome.

Prepare for Your Consultation

Quick checklist (DUI)

Dates matter. If you have paperwork, bring it.

Citation or arrest

paperwork

Court dates

or hearing notices

Your timeline of events

(brief)

General preparation tips only. Deadlines vary by facts and jurisdiction.

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