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Sentence Enhancements in North Dakota

If a person is found driving/in actual physical control of a car while under the influence, the sentence or charge may be increased based on particular circumstances.  For example, even if it is a person’s first offense, the charge may be increased to a class A misdemeanor or even a class C felony because of other factors.

If a person is convicted of death while operating a vehicle while under the influence, the sentence must include at least one year’s imprisonment if the individual was an adult at the time of the offense.

If a person is convicted of causing serious bodily injury to another while operating a vehicle under the influence, then the individual is guilty of a class A misdemeanor and the sentence must include at least 90 days imprisonment if he/she was an adult at the time of the offense.

If a person who was at least 21 years old was found driving while under the influence while a minor was in the vehicle, it is a class A misdemeanor.

If a driver is found to have a BAC of over 0.18%, the court may increase penalties.

Though North Dakota does not have a specific statute outlining separate penalties, the court may consider a BAC of over 0.18% in increasing the punishment.


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