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Drunk Driving Defense Law in North Dakota

The penalties for drunk driving in North Dakota vary depending on the number of prior offenses. Additional drunk driving convictions can have additional files, penalties, and longer jail time. Understanding how North Dakota handles drunk driving can help you understand your rights and find a knowledgeable North Dakota DUI defense attorney to help resolve your case.

North Dakota Drunk Driving Laws

North Dakota law prohibits driving or being in physical control of a vehicle while under the influence of alcohol. Being in control of a motor vehicle does not require any movement, just having your vehicle running and sitting  behind the wheel may constitute a DWI in North Dakota.

A driver may be considered under the influence of alcohol for having a BAC of .08% or more as well. But for commercial drivers, this limit is only .04%. Underage drivers have an even lower threshold of .02%.

Implied Consent: Yes

Enhanced Penalties: BAC of .18% or more; driving under the influence with a passenger who is a child; causing an accident resulting in serious bodily injury or death; prior convictions

A DUI may be considered a misdemeanor or felony offense, depending on several factors, including the number of previous convictions. North Dakota offers a drug court program, which may offer additional evaluation and treatment to decrease other criminal penalties like jail time. Your attorney can help determine if you are eligible to use this program, but it’s important to understand the types of penalties you may be facing.

A first-time offender is facing a Class B misdemeanor with penalties such as:

  • Minimum $500 fine
  • $750 fine and 2 days in jail if the driver’s BAC is .16% or above
  • 91-day driver’s license suspension
  • License suspension for 180-day if BAC is .18% or greater
  • Addiction evaluation

For the second offense in seven years, it is treated as a Class B misdemeanor with penalties including:

  • Ten to 30 days imprisonment
  • Fine of $1,500
  • 360 days of 24/7 program of alcohol monitoring
  • One-year license suspension if below .18% BAC
  • License suspension for two years if BAC is .18% or greater
  • Addiction evaluation

The third offense in seven years is considered a Class A misdemeanor, punishable by:

  • 120 days imprisonment
  • Fine of $2,000
  • 360 days in the 24/7 program of alcohol monitoring
  • 360 days of supervised probation
  • License suspension for 2 years if BAC is below .18%
  • Three-year license suspension if BAC is .18% or greater
  • Addiction evaluation

North Dakota treats the fourth and subsequent offenses in 15 years as felony offenses with even more criminal and civil serious penalties.

DUI Penalties in North Dakota

The penalties for DUI in North Dakota can be severe. That’s why it is important to understand how valuable the advice and guidance of an experienced attorney can be. By building a strong defense against the charges, you will have a better chance at a positive outcome. In many cases, your lawyer can negotiate with the prosecutor to reduce the DUI penalties.

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