DUI and Car Accidents - Sand Law North Dakota
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DUI and Car Accidents

28th February 2020

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North Dakota Car Accidents Caused by Driving Under the Influence

Driving under the influence is taken very seriously by the criminal justice system of North Dakota and can have significant consequences for those that engage in this behavior. Those that drive under the influence are at an immensely high risk of being arrested for this crime due to the nature of inebriation. Car accidents caused by drunk driving can also result in severe damages to those involved. People that have been injured by drunk drivers can seek compensation for the injuries they suffered by taking legal action in the form of a car accident injury claim against a liable third party.

What Will a DUI do in the Long Term?

If someone is caught driving a vehicle with a blood alcohol content over 0.08% or 0.06% for drivers of commercial vehicles then they will be put under arrest for driving under the influence or DUI. Driving under the influence is a misdemeanor for the first offense and then considered a felony. A fourth or subsequent DUI offense within a 15-year period is a felony.

The penalties for a DUI in North Dakota can consist of the following:

1st Offense

  • Class B misdemeanor
  • $500 fine if below .16 blood alcohol concentration (BAC)
  • Two days imprisonment and $750 fine if BAC .16 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 days imprisonment and $1,500 fine
  • 360 days’ participation in the 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 days imprisonment and $2,000 fine
  • 360 days’ participation in the 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

Other Possible Penalties for a DUI

  • 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.
  • Penalty for a DUI with a minor in the vehicle is up to one year imprisonment and/or a $2,000 fine.
  • Criminal Vehicular Injury results in up to five years imprisonment.
  • Criminal Vehicular Homicide results in up to 20 years imprisonment.

Liability for Driving Under the Influence in North Dakota

For those that have been injured as a result of someone that was driving under the influence, you may be able to seek compensation for the damages caused by your injuries. While North Dakota is a no-fault state, there are still options. Third parties may be liable for the injuries you suffered because they may have been negligent in a way that contributed towards the drunk driving accident.

For example, the driver that hit you while driving under the influence may have been driving a company car while on the job. This could make the company that the driver is employed by liable for the accident that they caused. Certain parties may also potentially be held liable in cases where that party sold or gave alcohol to a person that caused a DUI accident.


Naturally, we recommend that you trust your common sense and never get behind the wheel when drunk or intoxicated. However, accidents happen, and in case you are arrested for a DUI in North Dakota, make sure to seek legal help immediately. Finding the right attorney who specializes in DUI defense can be critical for the outcome of your case. Here at Sand Law North Dakota, we offer a free consultation to evaluate your situation and come up with a unique approach. Contact us online or call us at 701-609-1510.

North Dakota DUI/DWI Defense Attorneys