DUI In North Dakota – Criminal Component

Fargo DUI Lawyer Serving Clients Throughout North Dakota

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
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.

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

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