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North Dakota

DUI in North Dakota: the law, the limits and the device

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North Dakota calls it DUIdriving under the influence, and you will see drunk driving used for the same offense. What follows is what this state sets, taken from its own published rules rather than from a national summary.

Interlock triggers at
Per device standard
First offense
91 days
Where to fit it
9
centers in 7 cities

Speak to a North Dakota attorney

We will connect you with an attorney licensed in North Dakota. No cost to ask, and no obligation.

What North Dakota law actually requires

North Dakota leans on the 24/7 Sobriety Program rather than the interlock, but not from the first offense: a first DUI brings a 91-day suspension below 0.18% BAC and 180 days at or above it. From a second offense within seven years the state adds 360 days in the 24/7 program, where you report to a law enforcement location for testing, on top of a year or two of suspension.

  • First offense: A first offense carries a 91-day suspension below 0.18% BAC, or 180 days at 0.18% and above; the 360 days of 24/7 Sobriety Program participation start with a second offense within seven years
  • Lockout threshold: Set by the device where one is ordered; 24/7 testing is the more common condition
  • Program run by: North Dakota DOT and the Attorney General 24/7 Sobriety Program, through local law enforcement

Source: www.dot.nd.gov, checked 2026-08-23

DUI vs DUI in North Dakota

In North Dakota there is one offense and one label. If you have seen DWI, OWI or OVI used elsewhere, that is another state’s vocabulary for the same conduct — nothing about the seriousness changes when you cross a state line, only the letters on the paperwork.

Whatever it is called, the licensing consequence is the same shape: a suspension, then the device as the condition of driving again. All six abbreviations, side by side →

Can you get a DUI on a bike or a horse in North Dakota?

It turns on one word in the statute. Where the law says “vehicle”, no engine is required and the charge can reach a bicycle, a horse or a mobility scooter. Where it says “motor vehicle”, the analysis is different. This is decided by your state’s own wording, not by national custom, and it is the first thing to check before assuming a bike ride home is safe.

How the wording differs, with two examples →

North Dakota · 2020–2022

How often this happens in North Dakota

Federal crash records show the scale the state is legislating against, and how it compares with the country.

Fatal crashes with a drinking driver
102
of 277 fatal crashes statewide
Share of fatal crashes
37%
nationally 26%
People killed
113
North Dakota, 2020–2022

Cases are heard where the stop happened, and volume shapes local practice. These ND counties record the most:

Cass County
11 of 28 fatal crashes · 39%
Rolette County
11 of 20 fatal crashes · 55%
Williams County
9 of 19 fatal crashes · 47%
Morton County
6 of 18 fatal crashes · 33%
Stark County
6 of 13 fatal crashes · 46%

Source: NHTSA Fatality Analysis Reporting System, 2020–2022. Counts crashes where police recorded that a driver had been drinking, which is narrower than the federal 0.08 measure and therefore understates the real figure. North Dakota runs above the national share.

What it costs to get driving again in North Dakota

North Dakota does not publish a price cap we could verify, so the quote is the number and your only leverage is a competitor nearby. The national reference points are installation and a monthly fee, with calibration visits every 30 to 60 days.

North Dakota costs, providers and all 7 cities with centers →

The two clocks in North Dakota

The court case and the licensing case run separately. The licensing side moves first, and in the strictest states the window to request a hearing is measured in days — it runs whether or not you have hired anyone.

DUI lawyers in North Dakota

Where you were charged

North Dakota cities

The county that hears your case is set by where the stop happened, and local practice differs across the state.

Asked about North Dakota

DUI questions in North Dakota

Is it called DUI or DUI in North Dakota?

North Dakota uses DUI — driving under the influence. You will also see drunk driving used for the same thing. The label follows the state, not the seriousness of what happened, so paperwork from elsewhere may say something different about identical conduct.

What is the legal limit in North Dakota?

0.08% for drivers 21 and over, as in every state except Utah, which sits at 0.05%. Below the limit you can still be charged if an officer documents impairment. The reading that triggers the interlock here is a separate number: Set by the device where one is ordered; 24/7 testing is the more common condition

How long does the interlock stay on after a first offense in North Dakota?

A first offense carries a 91-day suspension below 0.18% BAC, or 180 days at 0.18% and above; the 360 days of 24/7 Sobriety Program participation start with a second offense within seven years The program is run by North Dakota DOT and the Attorney General 24/7 Sobriety Program, through local law enforcement.

Can you get a DUI on a horse or a bicycle in North Dakota?

The answer is in whether the statute says “vehicle” or “motor vehicle”. Where it says vehicle, no engine is needed and the charge can reach a bike or a horse; where it says motor vehicle, it cannot. This is one of the most searched questions in the whole subject and one of the most confidently answered wrongly — the wording of your own state decides it.

A first DUI here →A second DUI here →When a DUI is a felony in North Dakota →

When a charge becomes a felony → The test and the refusal → SR-22 and FR-44 →

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.