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DUI penalties in North Dakota

On Behalf of | Apr 8, 2020 | DUI

If you drive under the influence of drugs or alcohol in North Dakota, you could receive significant fines, jail time and other penalties. Subsequent offenses for DUI carry more serious penalties.

Before facing a DUI court date in North Dakota, understand the potential consequences of a conviction.

First offense

If you have no prior DUI convictions, the state categorizes the first offense as a first-degree misdemeanor. This results in a $500 fine, 91-day license suspension and mandatory substance abuse evaluation. If your measured blood alcohol content exceeds 0.18% at the time of arrest, you will receive a 180-day license suspension, a $750 fine and two days in prison.

Second offense

Another DUI conviction within seven years of the first is a Class B misdemeanor. This conviction carries 10 days in prison, a $1,500 fine and a mandatory substance abuse evaluation, along with participation in the 24/7 program for 360 days. In addition, you will have a suspended license for a full year, or two years if your BAC was above 0.18%.

Subsequent offenses

The court elevates a third DUI offense in seven years to a Class A misdemeanor. A conviction results in 120 days in prison, a $2,000 fine, 360 days on probation, 360 days in the 24/7 program and a two-year license suspension. The suspension extends to three years if your BAC was above 0.18% at the time of arrest.

A fourth offense in the same 15-year period becomes a Class C felony. With this type of offense, you will be on supervised probation and participate in 24/7 for two years, receive a $2,000 fine and serve at least 366 days in prison.

In addition to these base penalties, other consequences may apply in your case. For example, any DUI with a minor in the vehicle carries a $2,000 fine and up to a year in prison.


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