What Happens If I Get a DUI With a Minor in the Car in North Dakota?

Getting a DUI in North Dakota is serious. But if there’s a minor (a person under 18) in your vehicle at the time of

arrest, the situation becomes far more severe. North Dakota law treats this as an aggravated offense — meaning the penalties are harsher, and prosecutors often pursue additional charges related to child endangerment.

Here’s what you need to know if you’ve been arrested for DUI with a minor in the car anywhere in North Dakota — whether in Bismarck, Minot, Dickinson, Williston, or Fargo.

North Dakota Law on DUI With a Minor in the Vehicle

Under N.D.C.C. § 39-08-01, driving under the influence (DUI) is illegal if your blood alcohol concentration (BAC) is 0.08% or higher (or 0.04% for commercial drivers).

If a child under 18 years old is in the car during the DUI, prosecutors can file additional child endangerment charges under N.D.C.C. § 19-03.1-22.2 or N.D.C.C. § 12.1-37-01, depending on the facts.

This combination can elevate your DUI from a misdemeanor to a felony in some cases, especially if injuries or prior DUIs are involved.

Potential Criminal Penalties

A DUI with a minor passenger can lead to:

First-Offense DUI With a Minor

• Class A misdemeanor (instead of Class B)

• Up to 1 year in jail

• Fines up to $3,000

• License suspension (91 days to 180 days or more through ND DOT)

• Mandatory substance abuse evaluation and treatment

Repeat Offenses

If it’s your second or third DUI, or if there was an injury or accident, charges can escalate to a Class C felony, which may include:

• Up to 5 years in prison

• $10,000 fine

• Long-term license revocation

• Ignition interlock requirements after reinstatement

Child Endangerment Consequences

Even if your BAC was low, having a child in the car can lead to:

• A separate child endangerment charge

• Investigation by Child Protective Services (CPS)

• Possible loss of custody or visitation rights

Impact Beyond the Courtroom

A DUI with a minor can have ripple effects far beyond the criminal penalties:

• Custody & Family Court: If you share custody, the other parent may use the arrest to request a custody modification.

• Employment: Some jobs — especially those involving driving or childcare — may terminate your employment after conviction.

• Insurance: Expect dramatically higher premiums or possible cancellation.

• Public Record: A DUI conviction is permanent under North Dakota law; it does not automatically fall off your record.

How an Experienced DUI Lawyer Can Help

A skilled North Dakota DUI defense attorney can often make a significant difference in your case. At Heartland Law Office, we evaluate:

• Whether the traffic stop was legal

• Whether the breath or blood test was administered correctly

• Whether the child endangerment enhancement applies to your situation

Sometimes, evidence can be suppressed or charges reduced — potentially avoiding a felony or license loss.

With nearly 20 years of experience, attorney Patrick Waters has successfully defended clients in Burleigh County, Ward County, and Williams County courts, as well as in North Dakota tribal courts.

Steps to Take After a DUI Arrest With a Minor

1. Contact a lawyer immediately. Timing matters for both your criminal case and your ND DOT hearing.

2. Request a hearing within 10 days to challenge your license suspension.

3. Do not contact or discuss your case with CPS or law enforcement without legal representation.

4. Gather witness statements or information from the stop.

5. Follow all court and treatment requirements if already released on bond.

Where These Cases Are Heard in North Dakota

You’ll typically appear in county district court, such as:

• Burleigh County Courthouse in Bismarck

• Ward County Courthouse in Minot

• Williams County Courthouse in Williston

• Stark County Courthouse in Dickinson

Each court follows North Dakota Century Code procedures, but local practices vary — another reason to hire a lawyer familiar with local prosecutors and judges.

FAQ: DUI With a Minor in North Dakota

Q: Is a DUI with a minor always a felony in North Dakota?

A: Not always. A first offense with no injury is usually a Class A misdemeanor, but can become a felony if you have prior DUIs or if a child was harmed.

Q: Will Child Protective Services get involved?

A: Yes, CPS is typically notified when a DUI involves a minor passenger. They may open an investigation even if no harm occurred.

Q: Can I lose custody of my child after this kind of DUI?

A: It depends on your record and circumstances, but a DUI with a child in the car can impact custody or visitation in family court.

Q: Can my license be suspended right away?

A: Yes. You may face an immediate ND DOT suspension, but you can request a hearing within 10 days of your arrest.

Q: What should I do first after getting a DUI with a minor in the car?

A: Call a North Dakota DUI lawyer immediately to protect your rights, your driver’s license, and your relationship with your child.

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