A motorist can actually be charged with DUI based on two different factors. The first is by having a BAC of above .08 percent, which is called a “per se” DUI law. The per se law doesn’t care how physically drunk a person is; all that matters for arrest is the BAC level. The other factor is impairment only. If an officer believes that a motorist is impaired due to the consumption of drugs or alcohol and is exhibiting viable symptoms of intoxication (i.e. driving erratically, failing a field sobriety test), then the motorist will be charged with DUI.
North Dakota police officers set up random DUI checkpoints throughout the state on a frequent basis and sponsor DUI enforcement campaigns to raise awareness about driving under the influence of drugs and alcohol. When testing a motorist for DUI, an officer in North Dakota may use field sobriety tests, Preliminary Breath Tests, and/or mobile videotaping.
In North Dakota, a previous DUI conviction will affect all subsequent punishments. However, there is a 7-year “washout” period, meaning that if a DUI offender incurred their previous conviction over 7 years before the current one, the current charge will be treated as a first offense.
Penalties for DUI Convictions in North Dakota
When a motorist is convicted of DUI, they may incur a combination of the following punishments, which vary based on the number of previous DUI offenses committed.
1st DUI Conviction
• Fine $250 minimum
• Driver’s license suspended for 91 days if BAC under .17 percent
• Driver’s license suspended for 108 days if BAC at.18 percent or above
• Possible work permit after 30 days
• Mandatory alcohol evaluation
• Must obtain SR22 insurance
2nd DUI Conviction
• Imprisonment 5 days or 30 days community service
• Fine $500 minimum
• Driver’s license suspended 365 days if BAC under .17 percent
• Driver’s license suspended for 2 years if BAC at.18 percent or above
• No work permit allowed
• Mandatory alcohol evaluation
• Must obtain SR22 insurance
3rd DUI Conviction
• Imprisonment 60 days
• Fine $1,000 minimum
• Driver’s license suspended for 2 years if BAC under .17 percent
• Driver’s license suspended for 3 years if BAC at.18 percent or above
• Mandatory alcohol evaluation
• Must obtain SR22 insurance
4th DUI Conviction
• Imprisonment 180 days
• Fine $1,000 minimum
• Driver’s license suspended for 2 years if BAC under .17 percent
• Driver’s license suspended for 3 years if BAC at.18 percent or above
• Mandatory alcohol treatment necessary for license reinstatement
• Must obtain SR22 insurance
5th DUI Conviction
• Class “C” Felony
• Imprisonment 5 years maximum
• Fine $5,000 maximum
• Must obtain SR22 insurance
North Dakota Implied Consent Rules
In North Dakota, an implied consent rule is in place which requires that all drivers submit to a chemical test of their blood, urine or breath to determine intoxication. If a driver refuses to comply, their driver’s license will be automatically suspended. The first time a motorist refuses to submit to testing, their license will be seized and they will be issued a 25-day permit until their DUI hearing. Usually, motorists will have their driver’s license suspended for 1 year on the first refusal, however, the refusal can be thrown out if the motorist pleads guilty to DUI.
Once a motorist pleads guilty to DUI, they will have their license suspended from 91 to 180 days instead of for 1 year. A motorist who pleads guilty may be eligible for a temporary restricted license after 30 days of suspension. However,this does not apply to motorists who refuse to be tested for intoxication.
It is important to remember that if a motorist does not submit to a breath or blood test to determine intoxication, this can be used against them in court as a consciousness of guilt.
Hiring Legal Help
If you have been arrested for DUI in North Dakota, it is wise to hire a skilled North Dakota DUI defense lawyer to help you fight your charges. DUI attorneys understand that sometimes motorists are unfairly charged with driving under the influence and will do their best to ensure that your case ends with the best possible outcome.
A DUI charge can affect all aspects of your life, including your job and your finances. Call the offices of a leading team of DUI lawyers in North Dakota today to get started on your case right away.
