Information And Guidance On The Criminal Component Of A DUI

A person commits the offense of driving under the influence (DUI) if that person drives or is in actual physical control of a vehicle on a highway or area that the public has access to and any of the following apply:

• The person has a blood alcohol concentration (BAC) of at least .08.
• 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.

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.

If you have been arrested for or charged with a DUI in North Dakota, our legal team at Vogel Law Firm is here to help. Our attorneys are highly skilled in a wide variety of criminal law matters, including the administrative aspect of a DUI case. You can trust us to aggressively advocate for you while attempting to minimize the impact that the case has on your life.

Criminal Penalties For A DUI Conviction

First offense within seven years:

• $500 minimum fine, up to $1500 fine
• Up to 30 days in 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 time (or 20 hours community service), up to 30 days in jail
• Mandatory chemical dependency evaluation

Second offense within seven years:

• $1,500 minimum fine
• 10 days mandatory jail time, up to 30 days in jail (90% 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 time, up to 360 days in jail (90% 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 one 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

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

Get The Aggressive Defense You Need Today

For more information on the criminal side of a DUI case or other criminal defense information, talk to a lawyer at our firm today. Call us at 866-771-9930 or contact us online.