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 888-676-5889 or contact us online.