In North Dakota, DUI or driving under the influence is a grave offense with severe consequences for those convicted. To ensure the safety of all road users, it’s crucial to understand the laws and penalties associated with DUI. Here’s an overview of the consequences of DUI:
DUI Laws in North Dakota
In North Dakota, it’s illegal to operate a vehicle while under the influence of any controlled substance, alcohol, or a combination thereof. Additionally, a DUI charge can be based on the driver’s blood alcohol content (BAC) level. The legal limit for BAC is 0.08%, although, for commercial vehicle drivers, the limit is lowered to 0.04%.
Note that even the concept of “actual physical control” of an automobile or vehicle can accelerate to a DUI conviction in North Dakota. “Actual physical control” refers to having real influence or domination over the vehicle’s movements, regardless of whether the vehicle is in motion or the driver is conscious.
DUI Penalties in North Dakota
The number of prior DUI offenses within the previous seven years is one of many variables that affect the punishments for a conviction for DUI. Here’s a breakdown of the penalties based on the offense:
- Jail Time: Up to 30 days, with a two-day minimum sentence for a BAC of at least 0.16%.
- Fines: $500 to $1,500, with a minimum fine of $750 for a BAC of 0.16% or higher.
- License Revocation: Generally 91 days, but 180 days if BAC is 0.18% or higher or if alcohol testing is refused.
- Jail Time: 10 to 30 days.
- Fines: $1,500.
- License Revocation: 365 days, which increases to two years if BAC is 0.18% or higher or if alcohol testing is refused. Completion of at least 360 days in the 24/7 program is also required.
- Jail Time: 120 to 360 days.
- Fines: $2,000 to $3,000.
- Probation: 360 days.
- License Revocation: Two years, increasing to three years if BAC is 0.18% or higher or if alcohol testing is refused. Completion of 360 days in the 24/7 program is mandatory.
Fourth or Subsequent Offense:
- Felony Classification: A fourth or subsequent DUI within the past 15 years is considered a class C felony.
- Jail Time: At least 366 days.
- Fine: Minimum of $2,000.
Additional Requirements and Programs
All DUI offenders in North Dakota must undergo an addiction treatment program evaluation and follow recommended treatments, including participation in the 24/7 sobriety program. This program uses alcohol monitoring, random and drug patch testing to ensure sobriety. The state also offers a drug court program, which may lead to reduced penalties for DUI convictions.
Talk to a DUI Lawyer at Haynes Melbye Law Office!
If you ever need a DUI lawyer, reach out to Haynes Melbye Law Office immediately. We have the best attorney to assist you with your needs. Call us to learn more about our legal service.