22nd March 2017 | Sand Law, PLLC
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. The fine can be up to $1,500 for a second offense DUI, which is a Class B misdemeanor. Additionally, a person convicted of a second DUI offense can receive up to 10 days in jail.
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 $2,000 with a suggested jail sentence of up to 120 days. People convicted of a third DUI offense in North Dakota may also be subject to a 360-day supervised probation.
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 can receive up to 1 year and 1 day imprisonment and a $2,000 fine.
Additionally, someone convicted of a fourth or subsequent DUI may receive probation for up to 2 years.
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.
About the Author of this Page: The information found in this post was written or reviewed by the attorneys at Sand Law PLLC who have years of experience practicing law in North Dakota. The information in this article was extensively researched and reviewed for legal accuracy. For information about the author of this page, view our Firm Overview page.