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DUI Penalties in North Dakota

For a first offense, penalties may include (1) a fine of at least $250 and (2) an order for addiction evaluation by a licensed treatment program.

A second offense within five years may result in (1) at least five days of imprisonment, of which 48 hours must be served consecutively, or 30 days of community service, (2) a fine of at least $500, and (3) an order for addiction evaluation by a licensed treatment program.

A third offense within five years may result in (1) at least 60 days imprisonment, of which at least 48 hours must be served consecutively, (2) a fine of at least $1000, and (3) an order for addiction evaluation by a licensed treatment program.

A fourth or subsequent offense within seven years may result in (1) 180 days imprisonment, of which 48 hours must be served consecutively, (2) a fine of at least $1000, and (3) an order for addiction evaluation by an licensed treatment program.

Under certain circumstances, the court may suspend or defer sentences.  A court may not suspend or defer the sentences for a first or second offense.  For a third offense within 5 years or fourth or subsequent offense within seven years, a court may suspend a sentence, except for 10 days imprisonment, on the condition that the defendant first undergo and complete an evaluation for alcohol and substance abuse treatment and rehabilitation.

If addiction evaluation has indicated that the defendant needs treatment, the court may order the defendant to undergo treatment at an appropriate licensed addiction program, and time spent must be credited as a portion of the sentence.

A defendant may be able to serve imprisonment as house arrest.  As a condition of house arrest, defendant may not consume alcoholic beverages.  House arrest must include a program of electronic home detention in which the defendant is tested at least twice daily for alcohol consumption.  The defendant must pay all costs associated with this electronic home detention.  However, this does not apply to individuals committed to or under the supervision and management of the department of corrections and rehabilitation (ex. Parolees).

Upon conviction of a second or subsequent offense within five years, the court must order all the cars owned by the offender to be impounded during period of suspension or revocation of the offender’s driving privilege by the licensing authority.  The court may make an exception on an individual basis to avoid undue hardship to an individual who is completely dependent on their motor vehicle for the necessities of life, including a family member and co-owner, but not the offender.

There are maximum penalties.  For a class C felony, the maximum is five years imprisonment and/or $5000 fine.  For a class A misdemeanor, the maximum is one year imprisonment, and/or $2000 fine.  For a class B misdemeanor, the maximum is 30 days imprisonment and/or $1000 fine.

If a defendant is convicted of a felony involving a motor vehicle or a misdemeanor causing serious bodily injury to another person, his/her license is subject to mandatory revocation for one year, or a period recommended by the trial court.

A driver is also subject to suspension of driving privileges.  If there were no other DUI violations or related suspensions/revocations within 5 years before the arrest, it will result in a 91 day suspension.  If there were no DUI violations within 5 years, but the last violation was for a BAC of over 0.18%, the license will be suspended for 180 days.  If the driver had one Dui violation within 5 years or one previous related suspension/revocation for BAC under 0.18%, there will be a 365 day suspension.  If within five years there was one suspension/revocation for a DUI with the last BAC of greater than 0.18%, or if the license has previously been suspended/revoked at least two times within five years as a result of 2 separate arrests with the last violation for a BAC under 0.18%, the license will be suspended for 2 years.  If a license was previously suspended/revoked at least two times within five years as a result of at least two separate arrests and the last violation was for a BAC of greater than 0.18%, the license will be suspended for 3 years.


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