North Dakota defines “actual physical control” over a vehicle as “real, not hypothetical, bodily restraining or directing influence over, or domination and regulation of, its movements of machinery.” This definition doesn’t require vehicle movement, a running vehicle, or even a conscious driver for a DUI conviction.
A driver is considered “under the influence” if rendered incapable of safely driving by the drugs or alcohol ingested. Any driver with a BAC of .08% or more is considered “per se DUI” and can be convicted regardless of his or her level of impairment. The amount of alcohol needed to reach .08% can differ depending on circumstances such as the person’s gender and body size.
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | Up to 30 days (minimum 2 days if .16% or more BAC) |
10 to 30 days | 120 to 360 days |
| Fines | $500 to $1,500 (minimum $750 if .16% or more BAC) |
$1,500 | $2,000 to $3,000 |
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