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