The Stakes Are Higher If You Have A Prior DUI On Your Record
Repeat DUI offenses are dealt with harshly. If you have one or more previous convictions for drunk driving, you are more likely to get jail time, and the rest of the consequences are enhanced, including a longer suspension of your driver’s license.
Dusek Law provides the skilled defense you need to avoid or minimize the penalties for a repeat DUI/DWI. Attorney David Dusek has special training in DUI defense and has represented hundreds of people in North Dakota and Minnesota. He understands that your freedom, your driving privileges and your livelihood are on the line.
Contact our office at 701-746-4107 to start discussing your legal options.
North Dakota Repeat DUI Offenses
In North Dakota, a second DUI within seven years can result in harsher penalties. It is punishable by 10 to 20 days in jail, a $1,500 fine, license revocation for 365 days and mandatory participation in the 24/7 Sobriety Program. You may be subjected to daily alcohol testing, with a failed test resulting in being taken to jail for up to 24 hours.
A third offense within seven years carries up to 120 days in jail, a $2,000 fine and a three-year license suspension. A fourth DUI within 15 years is a felony in North Dakota, punishable by up to a year and one day in jail, plus license revocation and two years of probation.
Minnesota Repeat DUI Offenses
In Minnesota, a second DWI within 10 years is punishable by 90 days in jail and fines up to $3,000. If blood-alcohol content (BAC) is .20% or greater, the maximum jail time is one year. Your driving privileges will be suspended for one year unless you qualify for an ignition interlock and restricted license.
A third DWI carries drastic penalties that may include up to one year in jail, license revocation, vehicle forfeiture and three years of ignition interlock (if you enter substance abuse treatment). A fourth DWI is a felony punishable by up to seven years in prison.
Experience And Offices In Both North Dakota And Minnesota For Repeat DUI Charges
Dusek Law has two offices in North Dakota and one office in Minnesota. We are ready to serve clients in Grand Forks, East Grand Forks, Minot and other surrounding areas. Attorney Dusek has over 25 years of experience serving the legal needs of our communities.
North Dakota Vs. Minnesota: Key Differences For Repeat Offenders
The charges and penalties for repeat DUI charges differ in North Dakota and Minnesota. Here is a side-by-side comparison for your ease of reference:
| Penalties By Offense Number | North Dakota | Minnesota |
| First offense |
|
For misdemeanor DUI:
|
| Second offense |
|
For gross misdemeanor DUI:
|
| Third offense |
|
For gross misdemeanor DUI:
|
| Ignition interlock requirements | It may be mandatory for those with restricted licenses | It may be mandatory for all kinds of offenses |
| Treatment program requirements | Mandatory addiction evaluation for all offenses | Courts may recommend mandatory assessment and treatment |
| License reinstatement process | Drivers must apply for reinstatement, pass all required courses, meet all other court-ordered requirements and pay the reinstatement fee. | Drivers must pass the DUI driver’s license exam, complete a DUI education course, accomplish all other court-ordered requirements and pay the reinstatement fee. |
Note that actual penalties may vary based on the specific circumstances of your case. For more accurate information, consult with your DUI defense attorney.
Clarifying Common Concerns About Repeat DUI Charges
If you are facing repeat DUI charges, here are several answers that can expand your knowledge about the situation:
“Can I drive to work during a suspension period in North Dakota?”
Possibly. You may be eligible for a temporary restricted license for work, education or treatment purposes. However, this depends on your specific case and offense history.
“How does a Minnesota DWI affect my North Dakota driver’s license?”
North Dakota will generally honor Minnesota’s suspension and may impose additional penalties. The offense may count toward your total DUIs in North Dakota.
“What happens if I get a DUI in Minnesota with a prior North Dakota DUI?”
Minnesota may treat this as a second offense, which can potentially result in harsher penalties. Both states may take action against your driving privileges.
“Can I get an occupational license after a repeat DUI in either state?”
It is possible in both Minnesota and North Dakota, but harder with multiple offenses. Generally, you will need to meet specific criteria and possibly install an ignition interlock device.
“How do out-of-state DUIs count toward my total in North Dakota/Minnesota?”
Both North Dakota and Minnesota typically count out-of-state DUIs toward the total number of offenses. This can affect the severity of penalties for subsequent violations.
Keep in mind that DUI laws are complex and can change. That said, always consult with a qualified attorney for tailored advice.
License Reinstatement Process In North Dakota And Minnesota
In North Dakota, the license reinstatement process generally looks like this:
- Complete your suspension or revocation period.
- Pay the reinstatement fee ($100).
- Provide proof of completion of the required alcohol education program.
- Submit SR-22 insurance certificate.
- Pass vision and written tests (if applicable).
- Pay the license renewal fee.
In Minnesota, the process is as follows:
- Wait out your revocation period.
- Pay reinstatement fee ($680 for DWI offenses).
- Complete a chemical health assessment and follow recommendations.
- Pass the DWI knowledge test.
- Apply for a new driver’s license.
- Provide proof of insurance (SR-22).
- Install an ignition interlock device (if required).
As for required documentation in North Dakota, you must have the SR-22, a completion certificate for alcohol education and proof of identity. In Minnesota, you must have the SR-22 proof, chemical health assessment completion and DWI knowledge test results. Additional documentation may apply.
Treatment And Compliance Programs For Repeat Offenders
Both North Dakota and Minnesota offer programs to address repeat DUI offenses. North Dakota’s 24/7 Sobriety Program requires participants to undergo twice-daily breath tests or wear continuous alcohol monitoring devices. Minnesota’s ignition interlock program mandates the installation of breath-testing devices in vehicles.
Both states have networks of approved assessment and treatment providers to evaluate offenders and recommend appropriate interventions. Compliance with these programs can significantly impact case outcomes and license reinstatement.
In North Dakota, successful participation may lead to reduced jail time, while in Minnesota, it can shorten license revocation periods. Failure to comply in either state can result in additional penalties and delayed license reinstatement.
Experienced Defense For Subsequent DUI Charges
Even if several years have passed since your previous DUI/DWI, the law treats it like it happened yesterday. At Dusek Law, we approach your recent arrest on its own merits. Our mindset is to get charges dismissed or reduced if at all possible.
David Dusek is a proven criminal defense trial lawyer who knows how to challenge the evidence and the circumstances of the traffic stop that leads to arrest. He has successfully challenged second, third and fourth offenses in both states.
Contact Us Immediately For Help
Dusek Law offers free consultations, and we are available when you need us. Contact us online or call us at 701-746-4107 to speak with our DUI/DWI attorney.