North Dakota DUI Penalties

North Dakota DUI laws and penalties

Each State within the United States has been given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article we will explore the different laws within the State of North Dakota, and their penalties. To begin with, North Dakota has what is known as a five year (for a second or third offense) and seven year (for a fourth and subsequent offenses) “Lookback Period". This means that any previously acquired within the past seven years is now relevant to the sentencing process you are facing with your current DUI charges. This is also known as a “washout” period.

What constitutes a high BAC for a DUI in North Dakota?

Under 21: .02%
21 or Older: .08%
Commercial: .04%

There is never an acceptable time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments are severely hindered and not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different and their tolerance level for alcohol is severely unpredictable, making it impossible to say how many drinks are “normal” or not. This is what requires law enforcement to perform chemical tests on suspecting DUI offenders. If you are pulled over and are requested to take a chemical test, North Dakota has what is known as an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, the penalties are as follows:

First Offense: 1 year license suspension
Second Offense: 3 year license suspension (if one prior offense in last 5 years)
Third Offense: 4 year license suspension (if two prior offenses in last 5 years)

What are the penalties within the North Dakota DUI laws?

There are several penalties within the North Dakota DUI laws, and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol within the boarders of the State of North Dakota, the following penalties are what you will be facing:

Penalty of Jail

First Offense: None
Second Offense: 10 days
Third Offense: 120 days
Fourth Offense: 180 days
Fifth Offense: 5 years

Penalties and Fines

First Offense: $500 to $750
Second Offense: $600 to $1,000
Third Offense: $2,000 minimum
Fourth Offense: $2,000 minimum
Fifth Offense: $5,000 maximum

Penalty of License Suspension

First Offense: 91 to 180 days
Second Offense: 1 year
Third Offense: 2 to 3 years
Fourth Offense: 2 to 3 years
Fifth Offense: ——

Conclusion

It is important to note that laws change, as well as their interpretation an application of them. Due to the fact that there are multiple jurisdictions within a State and each may choose to enforce the law in different ways, it is important to prepare for the unexpected. For this reason, it would be in your best interest to retain the services of a professional and experienced lawyer who is well versed on the DUI law within the State of North Dakota, as well as being capable of giving you the direction you need for your specific case, along with being current on all laws pertaining to DUI.

(Tags - DUI Penalties - DUI Tests - dui state laws - North Dakota DUI law )