What statute defines DUI in North Dakota?

N.D. Cent. Code § 39-08-01 is the controlling DUI statute in North Dakota. You can read the current text on the official code site at ndlegis.gov.

What is the North Dakota implied-consent law?

N.D. Cent. Code § 39-20-01 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.

North Dakota DUI Statutes: The Code Sections That Control Your Case

The statutes that control North Dakota DUI cases

DUI in North Dakota is defined by N.D. Cent. Code § 39-08-01, and the chemical-testing rules sit in N.D. Cent. Code § 39-20-01. Both are published in the official state code at ndlegis.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

North Dakota official code — DUI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

North Dakota DUI law at a glance

Sourced from the North Dakota code and state agency sites. Verify current text before relying on it.

Offense name: DUI (North Dakota)
Controlling statute: N.D. Cent. Code § 39-08-01
Implied consent: N.D. Cent. Code § 39-20-01
Per se BAC limit: 0.08 (0.04 CDL, 0.02 or lower under 21)
Licence hearing deadline: 10 days after arrest
Prior-offense lookback: 7 years
First-offense fine: at least $500
Licence suspension: 91 days
Ignition interlock: Not automatic on a first offense
Trial court: the District Court
High-risk filing: SR-22 for 3 years

A first offense carries a minimum fine and a 91-day suspension.

First-offense exposure under N.D. Cent. Code § 39-08-01: at least $500, and a 91 days licence suspension. A first offense carries a minimum fine and a 91-day suspension.

What N.D. Cent. Code § 39-08-01 actually says

N.D.C.C. § 39-08-01(1)(a) — a person may not drive or be in actual physical control of a vehicle while under the influence of intoxicating liquor or drugs.
N.D.C.C. § 39-08-01 — driving with an alcohol concentration at or above the statutory threshold, at the time of the test or within two hours of driving.
N.D.C.C. § 39-08-01.1 — how prior offenses are counted for enhanced penalties.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on ndlegis.gov carries an effective date — amendments passed after it are not yet reflected.

Other North Dakota sections that control the case

N.D.C.C. ch. 39-08

Driving under the influence and counting prior offenses.

N.D.C.C. § 39-20-01

Implied consent to chemical testing.

North Dakota ZIP codes covered

These North Dakota ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

Browse all North Dakota ZIP codes.

Counties and cities using these North Dakota resources

Other North Dakota official resources

North Dakota DUI Courts: Where Your Case Is Heard North Dakota Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DUI in North Dakota?: N.D. Cent. Code § 39-08-01 is the controlling DUI statute in North Dakota. You can read the current text on the official code site at ndlegis.gov.
What is the North Dakota implied-consent law?: N.D. Cent. Code § 39-20-01 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.