In North Dakota if a chemical test reveals that you have eight one-hundredths of one percent (.08%) or greater of alcohol in your blood, or .02% if under the age of 21, you are considered legally to be under the influence of alcohol. The penalties for driving in this dangerous condition are harsh.
There are two separate penalties involved under the DUI law. One is an administrative license penalty, the other is a court conviction penalty. Your driving privileges may be suspended through either or both processes. By law, under the administrative penalty, if you are arrested for DUI, the arresting officer will take your operator’s license then and there.
If convicted through the court process, in addition to losing your driver’s license, you also face mandatory fines and jail sentences.
- First conviction—$250 fine.
- Second conviction within five years—$500 fine and five days in jail or 30 days community service work.
- Third conviction within five years—$1,000 fine and 60 days in jail.
- Fourth conviction within seven years—$1,000 fine and 180 days in jail.
In addition, all convicted offenders are required to submit to a mandatory alcohol addiction evaluation. These are just the minimum penalties.
Also if convicted of a DUI, the law requires you to show proof of financial responsibility (SR 22 insurance coverage). According to the North Dakota Insurance Department site, the ND Drivers License Division of the Department of Transportation requires those that have been convicted of certain violations, such as a DUI, to show proof of future financial responsibility for a period of one year.
Drivers seeking to satisfy this future financial responsibility requirement may do so by having their auto insurance company file a SR-22 Financial Responsibility filing (SR-22 is the form name) with the state.
From the information above it would appear that the SR-22 is needed for only one year, but to make certain that this information is correct for your situation, contact the ND DOT.
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