North Dakota Traffic Safety Laws

• A driver in motion (i.e., part of traffic) may not use a wireless communications device to compose, read, or send an electronic message while the vehicle is moving
• Fine $100

• Fine $20 and 4 points on driving record

• Makes it unlawful to lose control of a vehicle while distracted, particularly if it leads to another traffic offense or causes a reportable accident resulting in property damage. Authorities can also cite associated violations, and “distracted operation” covers any non-essential activity that undermines safe driving.
• Fine $100
• Municipalities have the authority to double the fines.

NDCC 39-21-41.4 (p. 15), Safety belts

All front and back seat occupants must be properly buckled up regardless of age. There is a $20 citation for seat belt violation

NDCC 39-21-41.2 (p. 15), Child Restraint Devices

• Children younger than 8 years of age are required to ride in a child restraint (car seat or booster seat). The restraint must be used correctly – following the manufacturer’s instructions.
• A correctly-used seat belt may be substituted for children younger than 8 who are at least 4’9” tall.
• Children ages 8 through 17 must be properly secured in a seat belt or child restraint (car seat or booster seat).
• Children younger than 18 must be properly restrained regardless of their location in a vehicle.
• The penalty for violating this law is $25 and one point against the license of the driver. The driver is responsible for ensuring that all occupants are buckled up in the appropriate restraint.
• Penalty - $25 fine and 1 point on driver record

NDCC 39-08-01, Persons under the influence of intoxicating liquor or any other drug or substances not to operate vehicle – penalty

1st Offense                                                    

• Class B Misdemeanor                            
• $500 fine if below .16 blood alcohol concentration (BAC)
• Two day imprisonment and $750 fine if .16 BAC or greater
• 91 day suspension if below .18 BAC
• 180 day suspension if .18 BAC or greater
• Addiction evaluation

2nd Offense in 7 Years

• Class B Misdemeanor                            
• Ten day imprisonment and $1,500 fine
• 360 days’ participation in 24/7 program
• 365 day suspension if below .18 BAC
• Two year suspension if .18 BAC or greater
• Addiction evaluation

3rd Offense in 7 Years

• Class A Misdemeanor
• 120 day imprisonment and $2,000 fine
• 360 days’ participation in 24/7 program
• 360 days’ supervised probation
• Two year suspension if below .18 BAC
• Three year suspension if .18 BAC or greater
• Addiction evaluation

4th and Subsequent Offenses in 15 Years

• Class C Felony
• One year and one day imprisonment and $2,000 fine
• Two years’ participation in 24/7 program
• Two years’ supervised probation
• Addiction evaluation

Penalty for a DUI with a minor in the vehicle is imprisonment for 360 days and/or $3,000 fine

Refusal to submit to a chemical test as required by law may be considered a crime and may result in revocation of your driving privileges for 180 days to 3 years. Criminal Vehicular Injury results in up to five years imprisonment. Criminal Vehicular Homicide results in up to 20 years imprisonment.

• The fine for infraction $50

• The fine for infraction $20