Code Section
39-06.1-10; 39-08-01
BAC Legal Limit
.08% BAC at time of test given within 2 hrs. of driving
Rehabilitation Required?
Order for addiction evaluation by appropriate licensed addiction treatment program with appropriate treatment if necessary
Driver’s License Suspension?
1st: 90 days; 2nd within 5 yrs.: 1 yr.; 3rd within 5 yrs.: 2 yrs.
Other Penalties
1st: Class B misdemeanor, min. $250; 2nd within 5 yrs.: Class B misdemeanor, min. $500 and min. 5 days jail or 30 days community service; 3rd within 5 yrs.: Class A misdemeanor, $1000 and min. 60 days jail; 4th within 7 yrs.: Class A misdemeanor, $1000 and 180 days jail; 5th or subsequent within 7 yrs: class C felony, $1000 and 180 days jail