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Top 10 DUI Questions in North Dakota Answered

Getting arrested for DUI in North Dakota can be overwhelming. Whether it’s your first offense or you’ve been through it before, knowing what to expect is crucial. At Heartland Law Office, we’ve helped countless individuals across the state—from Minot to Fargo—understand and defend against DUI charges.

Below are the 10 most common DUI questions we hear from clients, answered clearly and confidently.

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1. What counts as a DUI in North Dakota?

Under North Dakota Century Code § 39-08-01, you're considered legally impaired if:

  • Your Blood Alcohol Content (BAC) is 0.08% or higher, or

  • You're under the influence of alcohol, drugs, or a combination that makes you incapable of safely driving.

Commercial drivers are held to a 0.04% BAC, and for drivers under 21, the limit is just 0.02%.


2. What are the penalties for a first-time DUI?

For a first offense with a BAC under 0.16%:

  • Up to 30 days in jail (typically suspended)

  • A $500 fine

  • Mandatory alcohol education class

  • 91-day license suspension

If your BAC is 0.16% or higher, the penalties increase significantly—fines can double, and two days in jail may be mandatory. See our DUI Defense page for full penalty breakdowns


3. Will I lose my driver’s license?

Yes, DUI arrests often trigger an administrative license suspension by the North Dakota Department of Transportation (NDDOT), even before your criminal case is resolved.

You have just 10 days from the date of arrest to request a hearing and fight the suspension.

Visit the ND DOT site for details or contact us immediately to help preserve your license.


4. Should I take the breathalyzer or refuse it?

Refusing a chemical test (breath, blood, or urine) violates North Dakota’s implied consent law. Refusal can result in:

  • Up to 180-day license suspension (even longer for prior offenses)

  • A separate criminal refusal charge

While refusal may limit some evidence in court, it often complicates your defense. Talk to a lawyer immediately if you refused.


5. Can I beat a DUI charge?

Yes—many DUI cases are defendable. Common defense strategies include:

  • Challenging the traffic stop legality

  • Disputing BAC accuracy due to machine error or improper calibration

  • Arguing the field sobriety test was flawed or unfair

  • Demonstrating medical conditions that mimic impairment

Even if your BAC was over the legal limit, it’s worth speaking to a defense attorney.


6. What happens at my first court appearance?

This is your initial appearance (or arraignment), typically held in municipal or district court depending on the offense. You’ll be:

  • Informed of the charges

  • Entering a plea (usually “Not Guilty”)

  • Given future court dates

If you're in cities like Bismarck, Mandan, or Dickinson, local court procedures may vary slightly. It’s wise to attend with a criminal defense lawyer.


7. Will a DUI go on my record permanently?

In most cases, yes. A DUI conviction is a criminal offense and will show up on background checks. However:

  • You may be eligible for record sealing after a waiting period

  • Dismissed charges or acquittals may be sealed sooner

North Dakota law allows some nonviolent offenses to be sealed under certain conditions. Ask us if you qualify.


8. How long will the whole DUI process take?

On average, DUI cases in North Dakota take 2 to 6 months from arrest to resolution, depending on:

  • The court’s calendar

  • Whether you negotiate a plea deal or go to trial

  • Availability of lab or dashcam evidence

Some municipal courts (like Williston or Jamestown) move faster than others. Patience and preparation are key.


9. Can I get a work permit to drive?

Yes. North Dakota may grant a temporary restricted license for work, school, or medical reasons—but only if:

  • You install an ignition interlock device (IID)

  • You serve a portion of your suspension first

Eligibility depends on prior offenses and BAC level.


10. Do I really need a DUI lawyer?

Yes. DUI cases are high-stakes criminal matters. A knowledgeable North Dakota DUI attorney can:

  • Help you avoid or minimize jail time

  • Challenge evidence and procedures

  • Negotiate with prosecutors

  • Protect your driving privileges and future

At Heartland Law, we’ve helped hundreds across North Dakota—from Watford City to Grand Forks—fight DUI charges with skill and compassion.


Take the Next Step

If you’ve been arrested for DUI in North Dakota, don’t wait. The decisions you make in the first 10 days can impact your case—and your life.


Call Heartland Law Office today at (701)-Justice or schedule a free consultation online


You don’t have to face this alone. Let us help.





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

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