A second DUI in North Dakota
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Ten days, forty-eight hours consecutive — and a year on the sobriety programme. A second offence within seven years is still a class B misdemeanor in North Dakota, but the sentence is fully specified and none of it can be suspended. It must include at least ten days’ imprisonment with forty-eight hours served consecutively, a fine of exactly $1,500, an order for addiction evaluation, and at least 360 days of participation in the state’s twenty-four seven sobriety programme as a mandatory condition of probation. That last element is the one people underestimate: it is a year of twice-daily testing, not a course. The court also gains a power that has nothing to do with custody — on a second or subsequent conviction within seven years it may order the number plates of every vehicle the offender owned and operated at the time destroyed, with an exception on an individual basis for someone wholly dependent on the vehicle for the necessities of life, or for someone taking part in the sobriety programme.
Written any number of ways — a 2nd DUI, a DUI 2nd, a 2nd offense DUI, or a second 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 B misdemeanor
Confinement. At least 10 days, of which 48 hours must be served consecutively
Fine. $1,500
North Dakota Century Code § 39-08-01 · N.D.C.C. § 39-08-01(3), (4), (5)(b), (5)(f) · checked 2026-09-06
What turns this DUI into something worse
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 |
|---|---|---|
| An alcohol concentration of 0.16 or more on a first offence | Aggravated first offence — at least two days and a $750 fine | The class does not change, but the sentence acquires a custody floor an ordinary first offence does not have. It is the only tier where the court may convert each day of imprisonment into ten hours of community service. North Dakota Century Code § 39-08-01 · N.D.C.C. § 39-08-01(5)(a)(2), (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 there a 2nd DUI in North Dakota with no jail time?
A second offence within seven years is still a class B misdemeanor in North Dakota, but the sentence is fully specified and none of it can be suspended. It must include at least ten days’ imprisonment with forty-eight hours served consecutively, a fine of exactly $1,500, an order for addiction evaluation, and at least 360 days of participation in the state’s twenty-four seven sobriety programme as a mandatory condition of probation. That last element is the one people underestimate: it is a year of twice-daily testing, not a course. The court also gains a power that has nothing to do with custody — on a second or subsequent conviction within seven years it may order the number plates of every vehicle the offender owned and operated at the time destroyed, with an exception on an individual basis for someone wholly dependent on the vehicle for the necessities of life, or for someone taking part in the sobriety programme.
How likely is jail time for a second DUI in ND?
Start from what the statute forces and what it leaves to the judge. The floor here is at least 10 days, of which 48 hours must be served consecutively, and it moves on the facts: an alcohol concentration of 0.16 or more on a first offence means aggravated first offence — at least two days and a $750 fine. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 2nd DUI in North Dakota?
Class B misdemeanor: at least 10 days, of which 48 hours must be served consecutively, and a fine of $1,500. The range is set by N.D.C.C. § 39-08-01(3), (4), (5)(b), (5)(f), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in North Dakota?
An alcohol concentration of 0.16 or more on a first offence — aggravated first offence — at least two days and a $750 fine.
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 when it becomes a felony penalties.
All North Dakota DUI rules →Penalties across the states →North Dakota DUI lawyers →Getting the license back →
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