Driving under the influence of drugs or alcohol is illegal in North Dakota, with varying levels of offenses. A conviction of any type of DUI charge is serious and can lead to harsh penalties. It’s important to understand how the state categorizes DUI and the penalties one can face if convicted.
North Dakota’s DUI levels
North Dakota has three levels of misdemeanor DUI charges, each with its own penalties. They are:
- 1st offense — Class B misdemeanor. Maximum fines are $500 if one’s blood alcohol content (BAC) is below .16 and up to $750 and two days in jail if over .16. If BAC is below .18, a person can receive a 91-day license suspension or 180 days if over .18.
- 2nd offense — Class B misdemeanor with 10 days in jail and up to $1,500 in fines. People can receive a year’s license suspension or two years if their BAC was over .18.
- 3rd offense – Class A misdemeanor with 120 days in jail and fines up to $2,000. Convicted persons can receive a sentence of 360 days in a 24/7 program or supervised probation. They can also have their licenses suspended for two years if BAC was below .18 or three years if over that amount.
- 4th and subsequent offenses — Class C felony. Sentences can include one year and one day in jail and fines up to $2,000. Penalties also include two years in a 24/7 program or two years of supervised probation.
Penalties could increase if the person had a minor child in the car with them at the time of their arrest, and refusing to submit to a chemical test can result in license revocation of 180 days to up to three years. If a person injures someone, they could face five years in prison, or if they kill someone while driving drunk, they can receive up to 20 years. Anyone in North Dakota charged with DUI should consult an experienced criminal defense attorney immediately.