North Dakota DUI Penalties
Regular North Dakota DUI Penalties:
First or Second Offense: If this is the first or second time the driver has been convicted of a DUI within 5 years, the offense is considered a Class B misdemeanor, which means a maximum fine of $1000 and a maximum prison sentence of 30 days.
Third Offense: If this is the third time the driver has been convicted of a DUI within 5 years, the offense is considered a Class A misdemeanor, which means a maximum fine of $2000 and a maximum prison sentence of 1 year.
Fourth Offense: If this is the fourth time the driver has been convicted of a DUI within 7 years, the offense is considered a Class A misdemeanor, which means a maximum fine of $2000 and a maximum prison sentence of 1 year.
Fifth Offense or more: If this is at least the fifth time the driver has been convicted of a DUI within 7 years, the offense is considered a Class C felony, which means a maximum fine of $5000 and a maximum prison sentence of 5 years.
Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-08-01(2), Title 12.1 (Criminal Code) 12.1-32-01
Alternative Sentencing for ND DUI offenses:
The court is permitted to give reduced sentences to drivers convicted of driving under the influence, but never less than these:
First Offense: $250 fine and the driver must undergo an evaluation by a licensed addiction treatment program.
Second Offense: $500 fine, 5 days in jail or 30 days community service, and the driver must undergo an evaluation by a licensed addiction treatment program.
Third Offense: $1000 fine, 30 days in jail, and the driver must undergo an evaluation by a licensed addiction treatment program.
Fourth Offense or more: $1000 fine, 180 days in jail,and the driver must undergo an evaluation by a licensed addiction treatment program.
Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-08-01(4)
License suspensions for North Dakota DUI offenses:
First Offense: If this is the first DUI the driver has been convicted of within 5 years, the driver's license to drive will be suspended for 91 days, unless the driver had a BAC of at least 0.18, in which case the driver's license to drive will be suspended for 180 days.
Second Offense: If this is the second DUI the driver has been convicted of within 5 years, the driver's license to drive will be suspended for 1 year, unless the driver had a BAC of at least 0.18 in the most recent offense, in which case the driver's license to drive will be suspended for 2 years.
Third Offense or more: If this is at least the third DUI the driver has been convicted of within 5 years, the driver's license to drive will be suspended for 2 years, unless the driver had a BAC of at least 0.18 in the most recent offense, in which case the driver's license to drive will be suspended for 3 years.
Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-06.1-10(7)
Additional penalties for deaths or serious injuries as a result of DUI:
If a driver commits negligent homicide, manslaughter, or murder as a result of driving under the influence while an adult, the driver will be sentenced to at least 1 year in prison no matter what sentence the judge imposes for the homicide offense. If an adult driver causes serious physical harm to another person while driving under the influence, their DUI is treated as a Class A misdemeanor, which means a maximum fine of $2000 and a maximum prison sentence of 1 year, and they must spend at least 90 days in jail.
Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-08-01.2
Additional penalties for repeat DUI offenders:
If a driver is convicted of driving under the influence and has been convicted of at least 1 DUI within the last 5 years, the judge may require that driver to install an interlock device for as long as the court deems necessary. The court may also seize the vehicle the driver was driving and sell it at auction.
Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-08-01.3
DUI committed with a minor in the vehicle:
If a driver who is at least 21 years old commits a DUI with a minor in the vehicle, the driver is guilty of the DUI as well as a Class A misdemeanor, which means a maximum fine of $2000 and a maximum prison sentence of 1 year.
Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-08-01.4
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