Driving under the influence of marijuana is a crime in North Dakota. This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to drivers and passengers.
For information about how North Dakota treats marijuana possession, sale, and manufacture, see North Dakota Marijuana Laws.
Driving Under the Influence of Marijuana
It is illegal to drive a vehicle while under the influence of marijuana, alcohol, other drugs, or a combination of substances. When alcohol is involved, a blood alcohol level of 0.08 percent of the driver's blood, by volume, will conclusively establish that the driver is under the influence (if the level is less, the prosecutor can still point to the driver's actions to prove that he was under the influence).
When marijuana is involved, however, any amount of marijuana that was in the driver’s blood or urine while he was driving will establish that the driver was under the influence. (N.D. Code Ann. § 39-08-01.)
Penalties for Driving Under the Influence
Penalties vary according to whether the offense is a first of subsequent conviction. And, while not described here, harsher penalties may apply if alcohol is also involved in the offense, or if a minor was in the vehicle at the time of the offense. In addition to the penalties described below, for second and subsequent offenses, the judge may order the defendant's car impounded.
- First convictions. A defendant will face a fine of at least $250, and participate in a substance abuse screening program.
- Second conviction within five years. Penalties include a fine of at least $500, at least five days in jail, up to 30 days of community service, and participation in a substance abuse screening program.
- Third conviction within five years. Penalties include a fine of at least $1,000, at least 60 days in jail, and participation in a substance abuse screening program.
- Fourth conviction within seven years. Penalties include a fine of at least $1,000, at least 180 days in jail, and participation in a substance abuse screening program.
- Fifth and subsequent convictions within seven years. Penalties include a fine of at least $5,000, at least five years in prison, and participation in a substance abuse screening program.
An Important Note on Local Legal Representation
If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.
