North Dakota · Handbook chapter 10 · 4 min read
Chapter 10: Drinking, drugs and driving, and the point system
How alcohol affects North Dakota drivers, alcohol concentration, implied consent and refusal, the 0.08 and 0.02 limits, license suspensions, court penalties and the 24/7 Sobriety Program, the open container law, drugs, and the 12-point system.
Why this chapter matters
In North Dakota, nearly half of traffic deaths involve drivers who had been drinking. Even a little alcohol makes a crash seven times more likely. The point system decides when your license is suspended.
How alcohol affects you
Alcohol is a drug that slows the brain. It slows reactions, impairs vision, interferes with concentration, dulls judgment and creates false confidence.
Your alcohol concentration (AC) depends on:
- How much alcohol you drink: a 12-ounce beer, a 4-ounce glass of wine and a 1-ounce glass of whiskey hold about the same amount. Mixed drinks vary and are often stronger.
- How fast you drink it. Only time removes alcohol; coffee, cold showers and exercise do not help.
- Your lean body weight: larger people have more fluid to dilute the alcohol.
The law
- Implied consent: by holding a license, you have agreed to a chemical test of blood, breath, urine or saliva. Refusing a chemical test or a roadside preliminary breath test means revocation for 180 days to three years.
- You are legally under the influence at an AC of 0.08 or more, or 0.02 or more if you are under 21.
- People under 21 may not buy, drink or possess alcohol.
- Open containers: no one, driver or passenger, may drink in a vehicle, and no open container may be in the passenger area. Put open containers in the trunk.
License suspensions
| Offense in seven years | Suspension |
|---|---|
| First | 91 days |
| First, AC 0.18 or more | 180 days |
| Second | 365 days |
| Second, AC 0.18 or more | Two years |
| Third or later | Two years |
| Third or later, AC 0.18 or more | Three years |
A temporary restricted license may be issued after at least 30 days (or 14 days in the 24/7 Sobriety Program). Driving while suspended after an alcohol offense brings at least four days in jail and a fine up to $1,000, and your plates may be impounded.
Court penalties
| Conviction | Minimum penalty |
|---|---|
| First | $500 fine |
| First, AC 0.16 or more | $750 fine and two days in jail (may become community service) |
| Second in seven years | $1,000, 10 days in jail and at least 12 months of 24/7 Sobriety |
| Third in seven years | $2,000, 120 days in jail and 24/7 Sobriety |
| Fourth or later | $2,000, one year and one day in jail and 24/7 Sobriety |
All offenders need an addiction evaluation and treatment. Causing a serious injury adds 90 days in jail; causing a death adds one year. A refusal or DUI also requires SR-22 proof of insurance, and insurance rates can double or triple. Report impaired drivers by calling 911.
Drugs
Even some cold tablets can make you drowsy, so read the directions. Driving under the influence of narcotics carries the same penalties as alcohol.
The point system
Each violation adds points, usually within 10 days of conviction. At 12 or more points, NDDOT moves to suspend your license, and you may ask for a hearing.
| Points | Suspension |
|---|---|
| 12 | 7 days |
| 13 or more | 7 days for each point over 11 |
You can reduce your total by one point for every three months with no new points, or by three points for an approved driver improvement course. For violations worth five points or less, you may take a course instead of getting the points, once every 12 months. Drivers under 18 lose their license at six points.
Frequently asked questions
What is the legal limit for drivers under 21 in North Dakota?
0.02. For drivers 21 and older it is 0.08.
What happens if I refuse a chemical test?
Your license is revoked for 180 days to three years.
How long is the suspension for a first DUI?
91 days, or 180 days if your AC was 0.18 or higher.
How many points bring a suspension?
12 or more, which brings a 7-day suspension, plus 7 days for each point over 11.
Based on the North Dakota Noncommercial Driver License Manual (2025-2027): Drinking, Drugs, and Driving and Point System.