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DUI in North Dakota

DWI in North Dakota

A DUI arrest in North Dakota initiates two separate DUI court cases. The first case is the criminal case where the DUI court will impose a variety of penalties which can vary based on the circumstances of each individual's case. Penalties can include large fines, community service, license restriction and alcohol education courses. The second case is a hearing before the North Dakota Department of Motor Vehicles where the court decides whether or not to suspend the offender's license.

Drivers who have been arrested for DUI in North Dakota can face stiff penalties. Whether this is your first, second or third offense or if you have injured or killed another driver, it is important to discuss your DUI charges with a North Dakota DUI attorney. DUI attorneys can review the charges, evaluate the DUI evidence and determine how to defend you. Do not try to do this alone. Unfortunately, a DUI arrest and subsequent conviction can have long-term, life-changing implications.

DUI or APC in North Dakota
North Dakota's drunken driving laws include a charge for driving under the influence (DUI) and actual physical control (APC). According to North Dakota's DUI laws, a driver can not be in actual physical control of their car on any public area or highway if:

  1. The driver's blood alcohol concentration level is 0.08% or higher. This is called per se DUI. Drivers do not have to demonstrate any physical or mental impairment to be arrested for per se DUI.
  2. The driver is under the influence of any drug, intoxicating liquor or combination of the two which has rendered them unable to safely drive their vehicle.

Penalties for DUI in North Dakota
North Dakota's DUI and APC laws can be complicated. Below is general information about DUI penalties in North Dakota, but the specifics of your DUI charge and subsequent penalties should be discussed with your North Dakota DUI lawyer.

First DUI conviction - Class B Misdemeanor

  • Required to pay a fine between $250 to $1,000
  • Maximum jail term of 30 days
  • Drivers with a BAC up to 0.17% can receive a 91 day license suspension
  • Drivers with a BAC of 0.18% or higher can receive a 180 day license suspension
  • Mandatory attendance of an alcohol evaluation program
  • Required to purchase SR22 Insurance coverage

Second DUI Conviction - Class B Misdemeanor
(Within 5 years of previous DUI conviction)

  • Required jail from 5 days to 30 days (community service may also be served under some conditions in lieu of jail)
  • Required to pay a fine of $500 to a maximum $1,000
  • Drivers with a BAC up to 0.17% can receive a 365 day license suspension
  • Drivers with a BAC of 0.18% or higher can receive a 2 year license suspension
  • Mandatory attendance of an alcohol evaluation program
  • Required to purchase SR22 Insurance coverage

Third DUI Conviction - Class A Misdemeanor
(Within 5 years of a previous DUI conviction)

  • Required jail term of one year (reduced sentence may be allowed under certain conditions)
  • Required to pay a fine from $1,000 to a maximum of $2,000
  • Drivers with a BAC up to 0.17% can receive a 2 year license suspension
  • Drivers with a BAC of 0.18% or higher can receive a 3 year license suspension
  • Mandatory attendance of an alcohol evaluation program
  • Required to purchase SR22 Insurance coverage

North Dakota Implied Consent Laws
Drivers who operate their vehicle on North Dakota roadways have given their implied consent to submit to a urine, breath or blood test if they are stopped by a North Dakota police officer who thinks they are driving under the influence of drugs or alcohol. Drivers who refuse to submit to a chemical test can face a mandatory license suspension of 91 days up to 1 year.

Contact a DUI lawyer if you have been stopped for DUI and need to schedule an administrative to challenge your license suspension. Failure to make the request with in the specified time frame can eliminate your rights to challenge the license suspension.

Hiring a North Dakota DUI lawyer
Drivers do not have to hire a DUI lawyer but given the complexities of North Dakota's DUI laws, it is never a bad idea. Most North Dakota's DUI attorneys offer a free initial evaluation to discuss the DUI charge so a driver can find out all of the facts about the DUI before deciding whether or not to fight the charge or plead guilty.