22nd March 2017
DUI (driving under the influence) and DWI (driving while intoxicated) offenses are serious because of the potentially life-threatening consequences. Therefore, North Dakota courts assess penalties on a tiered basis for DUI offenses.
This means that the level of punishment you could receive is dependent on how many offenses, specifically drinking-and-driving offenses, you have incurred in the past 7 years.
For instance, a first offense DUI in North Dakota is a class B misdemeanor that carries with it a minimum fine, a chemical dependency evaluation, potential jail time, and a suspension of your drivers license. The level of your BAC (Blood Alcohol Concentration) can also play a factor in the severity of your punishment.
First Offense DUI in North Dakota
A first-offense DUI in North Dakota is considered a Class B misdemeanor. The fine for a first offense DUI is $500 for a BAC below .16 and $750 for a BAC of .16 or higher. Additionally, a BAC of .16 or above can get you a two-day jail sentence.
Someone convicted of a DUI in North Dakota can have their driver license suspended. For a BAC below .18, the suspension period is 91 days. The license suspension can be for up to 180 days for DUI with a BAC of .18 or higher.
Second Offense DUI in North Dakota
A second DUI within a 7-year period carries a larger penalty. There is a mandatory minimum fine of $1,500 for a second offense DUI, which is a Class B misdemeanor. Additionally, a person convicted of a second DUI offense faces a minimum of 10 days in jail, 360 days of 24/7 Sobriety Program, and a mandatory Chemical Dependency Evaluation.
Second DUI offenses can get you a license suspension for up to 1 year if your BAC is below .18. However, for a BAC of .18 or higher, the suspension can be for up to 2 years.
Third Offense DUI in North Dakota
For a third DUI offense within 7 years, the charge is a Class A misdemeanor. Therefore, the fine is a minimum fine of $2,000 with a minimum jail sentence 120 days. People convicted of a third DUI offense in North Dakota may also be subject to a 360-day supervised probation – as well as 360 days of 24/7 Sobriety Program, and a mandatory Chemical Dependency Evaluation.
For a BAC below .18, the license suspension period is 2 years. However, if your BAC is .18 or greater, your license may be suspended for up to 3 years.
Fourth Offense DUI in North Dakota
Finally, for a fourth and subsequent DUI offenses within a 15-year period, the charge is a Class C felony. This means that a person convicted faces a mandatory minimum of 1 year and 1-day imprisonment with a minimum fine of $2,000.
This level of offense also carries up to 5 years imprisonment and a $10000 fine with a mandatory minimum of 2 years supervised probation. There is also a requirement of 2 years on the 27/4 Sobriety Program as well as completion of a Chemical Dependency Evaluation.
Other Possible Penalties
In addition to penalties listed above, a driver found guilty of DUI with a minor in the vehicle may receive a jail sentence of up to 1 year. Additionally, there is a $2,000 fine that can be assessed for a DUI offense with a minor in the vehicle.
By law, all North Dakota drivers must submit to a chemical test to detect BAC. Otherwise, a driver may have their license suspended for 180 days up to 3 years.
Contact a North Dakota DUI Lawyer
If you have been charged with a DUI offense, contact an experienced DUI defense attorney. The attorneys of Sand Law have a proven process to defend our clients against DUI charges. Contact Sand Law today online or by phone at 701-609-1510.