DUI license suspensions and court penalties

Key points

1. First offense in seven years: 91 days; 180 days if the AC is .18 or greater.

   Source: Handbook p. 36

   “91 days, first offense in seven years » 180 days, first offense, AC .18 or greater in seven years”
   North Dakota Noncommercial Driver License Manual, Handbook p. 36

2. Second offense in seven years: 365 days of suspension.

   Source: Handbook p. 36

   “365 days, second offense in seven years”
   North Dakota Noncommercial Driver License Manual, Handbook p. 36

3. A first conviction at an AC of .16% or more means at least a $750 fine and 2 days in jail.

   Source: Handbook p. 36

   “First conviction if the AC is .16% or greater -at least $750 fine and two days imprisonment.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 36

4. A second conviction in seven years: $1,000 fine, 10 days in jail and at least 12 months of 24/7 Sobriety.

   Source: Handbook p. 36

   “Second conviction within seven years -$1,000 fine and 10 days in jail and at least 12 months in the 24/7 Sobriety Program as a mandatory condition of probation.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 36

5. A fourth or later offense: $2,000 fine and one year and one day in jail.

   Source: Handbook p. 37

   “Fourth or subsequent offense-$2,000 fine and one year and one day in jail and participation in the 24/7 Sobriety Program”
   North Dakota Noncommercial Driver License Manual, Handbook p. 37

6. A temporary restricted license may come after 30 days of suspension, or 14 days in the 24/7 Sobriety Program.

   Source: Handbook p. 36

   “Temporary restricted license can be issued after serving at least 30 days of suspension or after serving at least 14 days if participating in the 24/7 Sobriety Program.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 36

7. Driving while suspended after an alcohol violation means at least 4 days in jail and up to a $1,000 fine.

   Source: Handbook p. 36

   “four days mandatory minimum jail sentence and a fine of up to $1,000.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 36

8. Causing serious injury adds 90 days in jail; causing a death adds one year.

   Source: Handbook p. 37

   “if you are involved in a crash and cause a serious injury to another, you will spend an additional 90 days in jail. If you cause the death of another, your time in jail is extended by one year.”
   North Dakota Noncommercial Driver License Manual, Handbook p. 37

Numbers to know

3 questions from the North Dakota practice test

1. 1. What penalty does North Dakota list for a fourth or subsequent DUI offense?

   1. A $500 fine
   2. A $2,000 fine, one year and one day in jail, and the 24/7 Sobriety Program as a condition of probation
   3. A 30 day suspension
   4. A warning
   Show answer

   A $2,000 fine, one year and one day in jail, and the 24/7 Sobriety Program as a condition of probation. A fourth or subsequent DUI offense brings a $2,000 fine, one year and one day in jail, and participation in the 24/7 Sobriety Program as a mandatory condition of probation. A first conviction carries a $500 fine, and a third conviction within seven years carries $2,000 and 120 days in jail. All convicted offenders must also complete a mandatory alcohol addiction evaluation.

2. 2. When can a North Dakota driver get a temporary restricted license after an alcohol suspension?

   1. After at least 30 days of suspension, or after 14 days if in the 24/7 Sobriety Program
   2. Never
   3. After one year
   4. Immediately
   Show answer

   After at least 30 days of suspension, or after 14 days if in the 24/7 Sobriety Program. A temporary restricted license can be issued after serving at least 30 days of suspension, or after serving at least 14 days if the driver participates in the 24/7 Sobriety Program, and only if there has been no refusal or more than one alcohol or drug violation in the past 7 years. Participation in the 24/7 program is required until the driver is one year violation free.

3. 3. What is the mandatory minimum jail sentence for driving while suspended or revoked after an alcohol related violation?

   1. One day
   2. Four days
   3. Ten days
   4. Thirty days
   Show answer

   Four days. North Dakota specifies four days as the mandatory minimum jail sentence for driving while suspended or revoked after an alcohol related violation. Ten days is connected to a second DUI conviction within seven years, not this separate offense. One day and thirty days do not state the manual's minimum. The useful cue is to connect the suspended or revoked status and prior alcohol violation with the four day floor, while remembering that a fine may also apply.

Source: the North Dakota Noncommercial Driver License Manual, Drinking, Drugs, and Driving. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.