First Offense DUI in North Dakota: What You Need to Know

A DUI arrest can be a frightening and confusing experience—especially if it’s your first time dealing with the criminal justice system. Whether you were stopped outside Bismarck, pulled over near Minot, or arrested at a roadside checkpoint in Williston, the consequences of a first offense DUI in North Dakota can be serious and long-lasting.

At Heartland Law Office, we help everyday people across the state understand their rights and fight for the best possible outcome after a DUI arrest. Here's what you need to know.

What Qualifies as a DUI in North Dakota?

In North Dakota, it’s illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. You can also be charged with DUI if:

• You're impaired by alcohol or drugs (even if your BAC is below 0.08%)

• You're under 21 with a BAC of 0.02% or more

• You're a commercial driver with a BAC of 0.04% or more

A first offense DUI means you have no prior DUI convictions within the last seven years.

Penalties for a First DUI Offense in North Dakota

While a first DUI is typically classified as a Class B misdemeanor, the penalties are far from minor. You could be facing:

• Up to 30 days in jail (often suspended unless your BAC is 0.16% or higher)

• $500–$750 in fines

• Mandatory addiction evaluation

• Driver’s license suspension:

  • 91 days for BAC under 0.18%

  • 180 days for BAC of 0.18% or higher

• Possible ignition interlock device requirement

• DUI education classes

Keep in mind: refusing a chemical test (like a breathalyzer or blood test) can result in additional license penalties under North Dakota’s implied consent law.

Example: James, a 32-year-old from Dickinson, was pulled over for swerving on Highway 22. He blew a 0.10% BAC. Although this was his first DUI, his license was suspended for 91 days, and he had to complete mandatory classes before getting it reinstated.

What Happens After You’re Arrested?

Here's a general breakdown of the process:

1. Arrest and Booking – You’re taken into custody and processed.

2. Chemical Testing – You may be asked to submit to a breath, blood, or urine test.

3. Release and Paperwork – You’re given a citation and court date.

4. License Suspension Notice – You have only 10 days to request a hearing with the ND DOT to challenge the suspension.

5. Court Appearance – Your first court date (initial appearance) is where you’ll plead guilty or not guilty.

Do You Need a Lawyer for a First DUI?

Technically, no—but having an experienced DUI attorney can significantly affect your outcome. At Heartland Law Office, we regularly help clients:

• Challenge BAC evidence

• Fight license suspension

• Negotiate plea deals to reduce charges

• Avoid or minimize jail time

• Explore diversion or deferred sentencing options

Many first-time offenders are surprised to learn that courts do not automatically go easy on them. A strong legal defense can mean the difference between a one-time mistake and a lifelong criminal record.

Alternatives to Jail for First-Time DUI Offenders

North Dakota courts recognize that people make mistakes. Depending on the facts of your case, you might qualify for:

• Suspended sentence (no jail if you meet all court requirements)

• Community service

• Probation with conditions

• Deferred imposition of sentence, which may eventually clear your record if completed successfully

How a DUI Can Affect Your Life

Even a first offense can have long-term consequences:

• Increased insurance premiums

• Job restrictions, especially for those in transportation or government work

• Professional license issues (teachers, nurses, CDL holders)

• Travel limitations (some countries restrict entry after a DUI)

Act Quickly: Your License and Record Are at Stake

Time is critical. You only have 10 days after your arrest to request a hearing with the North Dakota Department of Transportation to try to save your license. The sooner you contact a lawyer, the more options you may have.

We Defend First-Time DUI Charges Across North Dakota

At Heartland Law Office, we serve clients in Bismarck, Fargo, Williston, Dickinson, Minot, and throughout the state. If this is your first DUI, we understand how stressful the process can be—and we’re here to help you move forward with confidence.

Contact Us Today

Don’t let one mistake define your future. Contact Heartland Law Office to schedule a confidential consultation and learn how we can fight your first DUI charge in North Dakota.

Call us at 701-JUSTICE or Visit our website our website: www.heartlandlawoffice.com

Disclaimer:This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.