Is a DUI a felony in North Dakota?
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At the fourth in fifteen years — and a year of it is untouchable. North Dakota uses two different windows on the same ladder. The third offence is counted inside seven years and is a class A misdemeanor — at least 120 days, a fine of at least $2,000, 360 days of supervised probation and 360 days on the twenty-four seven sobriety programme, with the court able to suspend everything except sixty days. The felony is counted inside fifteen years instead: a fourth or subsequent offence in that window is a class C felony, which carries a statutory maximum of five years and $10,000. Its mandatory sentence is at least one year and one day’s imprisonment, a fine of at least $2,000, an addiction evaluation, at least two years of supervised probation and participation in the sobriety programme as a mandatory probation condition. The district court may suspend the sentence only down to one year, and only on condition that the defendant first completes an evaluation for treatment; where the evaluation shows a need, the court may place the person under the supervision of the Department of Corrections and Rehabilitation.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in ND — and the paperwork will use none of them. North Dakota charges it under a section number, and that is what decides the range below.
Grade. Class C felony
Confinement. At least one year and one day; the court may suspend all but one year
Fine. At least $2,000
North Dakota Century Code § 39-08-01 · N.D.C.C. § 39-08-01(3), (5)(c), (5)(d), (5)(f); § 12.1-32-01(4) · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A fourth or subsequent offence within fifteen years | Class C felony — at least one year and one day | The felony window is fifteen years, while the misdemeanor steps below it are counted inside seven. The court may suspend the sentence only down to one year, and only after an evaluation for treatment. North Dakota Century Code § 39-08-01 · N.D.C.C. § 39-08-01(3), (5)(d), (5)(f) · checked 2026-09-06 |
The device is a separate track
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.
In North Dakota the interlock term runs 91 days and is administered by North Dakota DOT and the Attorney General 24/7 Sobriety Program, through local law enforcement — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: North Dakota DOT and the Attorney General 24/7 Sobriety Program, through local law enforcement
North Dakota DUI questions
Is a DUI a felony in North Dakota?
At the fourth in fifteen years — and a year of it is untouchable. North Dakota uses two different windows on the same ladder. The third offence is counted inside seven years and is a class A misdemeanor — at least 120 days, a fine of at least $2,000, 360 days of supervised probation and 360 days on the twenty-four seven sobriety programme, with the court able to suspend everything except sixty days. The felony is counted inside fifteen years instead: a fourth or subsequent offence in that window is a class C felony, which carries a statutory maximum of five years and $10,000. Its mandatory sentence is at least one year and one day’s imprisonment, a fine of at least $2,000, an addiction evaluation, at least two years of supervised probation and participation in the sobriety programme as a mandatory probation condition. The district court may suspend the sentence only down to one year, and only on condition that the defendant first completes an evaluation for treatment; where the evaluation shows a need, the court may place the person under the supervision of the Department of Corrections and Rehabilitation. A fourth or subsequent offence within fifteen years: class c felony — at least one year and one day.
What does a 3rd DUI in North Dakota carry?
Class C felony: at least one year and one day; the court may suspend all but one year, and a fine of at least $2,000. The range is set by N.D.C.C. § 39-08-01(3), (5)(c), (5)(d), (5)(f); § 12.1-32-01(4), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in North Dakota?
A fourth or subsequent offence within fifteen years — class c felony — at least one year and one day.
Does an interlock come with it in North Dakota?
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. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by North Dakota DOT and the Attorney General 24/7 Sobriety Program, through local law enforcement.
Other steps in North Dakota: first offense penalties and second offense penalties.
All North Dakota DUI rules →Penalties across the states →North Dakota DUI lawyers →Getting the license back →
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