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Author: Schwab, Thompson & Frisk

Have you been arrested for driving under the influence in North Dakota?

dui north dakota

North Dakota DUI Defense Lawyers Protecting Your Rights

Being arrested is a scary time for anybody. Anyone who has been arrested has many questions they simply do not know the answer to. Some of those questions generally include:

  • What is a DUI?
  • What will happen to me?
  • Will I have to pay fines?
  • Will I have to serve jail time?

Schwab Thompson & Frisk is here to help! Below is the North Dakota definition of DUI and the common penalties associated with DUI.

Pursuant to N.D.C.C. § 39-08-01, a person commits the offense of driving under the influence (“DUI”) if that person drives or is in actual physical control of a vehicle upon a highway or area, the public has access to if any of the following apply:

  • The person has an alcohol concentration of at least .08 by weight
  • The person is under the influence of intoxicating liquor
  • The person is under the influence of any drug or substance or combination of drugs or substances leaving the person incapable of safely driving
  • The person refuses chemical testing.

Pursuant to N.D.C.C. § 39-08-01(3), the severity of a DUI charge ranges from a Class B misdemeanor to a Class C felony. A Class B misdemeanor is punishable by a maximum of 30 days in jail, a fine of $1,500, or both. A Class A misdemeanor is punishable by a maximum of 360 days in jail, a fine of $3,000, or both. A Class C felony is punishable by a maximum of five years in prison, a fine of $10,000, or both. The severity of a DUI charge increases if the person committed prior DUI offenses. A first or second offense within the last seven years is a class B misdemeanor. A third offense within the last seven years is a class A misdemeanor. Four or more offenses within the last 15 years is a class C felony.

DUI minimum criminal penalties:

First offense within seven years:

  • $500 minimum fine, up to $1500 fine
  • Up to 30 days jail
  • Mandatory chemical dependency evaluation

First offense within seven years, BAC of .16 or greater:

  • $750 minimum fine, up to $1,500 fine
  • Two days mandatory jail (or 20 hours community service), up to 30 days jail
  • Mandatory chemical dependency evaluation

Second offense within seven years:

  • $1,500 minimum fine
  • 10 days mandatory jail, up to 30 days jail (90 percent of the jail time may be house arrest if approved by the court)
  • 360-day mandatory participation in the 24/7 sobriety program, up to two years
  • Mandatory chemical dependency evaluation
  • Surrender of vehicle license plates unless undue hardship is shown, or the driver participates in the 24/7 sobriety program
  • Possible forfeiture of motor vehicle and/or installation of ignition interlock device

Third offense within seven years:

  • $2,000 minimum fine, up to $3,000 fine
  • 120 days mandatory jail, up to 360 days jail (90 percent of the jail time may be house arrest; up to 60 days jail time may be suspended with treatment and 24/7 program)
  • 360-day mandatory participation in the 24/7 Sobriety Program, up to two years
  • 360-day mandatory supervised probation, up to two years
  • Mandatory chemical dependency evaluation
  • Surrender of vehicle license plates unless undue hardship is shown, or the driver participates in the 24/7 sobriety program
  • Possible forfeiture of motor vehicle and/or installation of ignition interlock device

Fourth or subsequent offense within lifetime:

  • $2,000 minimum fine, up to $10,000 fine
  • One year and 1-day mandatory prison time, up to five years
  • Two years mandatory participation in the 24/7 sobriety program, up to five years
  • Two years mandatory supervised probation, up to five years
  • Mandatory chemical dependency evaluation
  • Surrender of vehicle license plates unless undue hardship is shown, or the driver participates in the 24/7 sobriety program
  • Possible forfeiture of motor vehicle and/or installation of ignition interlock device

North Dakota Lawyers Fights For Your Rights

Sometimes the unexpected does happen to you. If you or a loved one has been injured in an accident we will be there for you every step of the way. We can help with the questions, the uncertainty, the financial burdens you face and we will fight to see that you are justly compensated for your losses.

Please call to schedule a free case evaluation. We represent individuals and families who have been injured in:

  • Car accidents
  • Truck Accidents
  • Oil field accidents
  • Negligence

SCHEDULE A FREE CONSULTATION






    West Fargo Office

    820 34th Avenue East, Suite
    200 West Fargo, ND 58078

    Dickinson Office

    3172 ND-22 Dickinson,
    ND 58601