North Dakota DUI Laws, Penalties, and License SuspensionNorth Dakota drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
North Dakota Laws
The following driving actions are illegal in the State of North Dakota:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher. - ZERO Tolerance
- Commercial Vehicle Driver with a BAC of .04 or higher.
North Dakota Penalties
First Drunk Driving Conviction
The first DUI conviction you receive will bring a minimum fine of $250 and a drivers license suspension of up to 180 days. If the court allows, you may receive a restricted drivers license after 30 days of your initial suspension. You may also be ordered to a addiction facility for alcohol screening and evaluation.
Second Drunk Driving Conviction
The second drunk driving conviction in the State of North Dakota will cost up to $500 for the initial fine. You will face a 1 year suspension of your drivers license without the opportunity to receive a restricted license or work permit. You will also receive a minimum 5 days in jail or, if allowed by the court, 30 days of community service.
Third Drunk Driving Conviction
The 3rd time you are arrested and convicted of drunk driving in North Dakota you will receive a 3 year drivers license suspension. The minimum fine will be no less than $1,000 and you will spend 60 days in Jail. The court will also order a referral to an addiction facility for an alcohol evaluation.
Fourth Drunk Driving Conviction
The 4th time you are arrested and convicted of a DUI in the State of North Dakota you will receive a 3 year drivers license suspension. Your driving privileges will only be restored after you have completed addiction treatment and have no record of any alcohol related offenses for two consecutive years after your treatment. The minimum fine will be no less than $1,000 and you will spend 180 days in Jail.
Fifth Drunk Driving Conviction
The 5th time you are arrested and convicted of drunk driving in North Dakota you will be charged with a Class "C" Felony. You will face up to 5 years imprisonment and you will be fined up to $5,000.
North Dakota Drivers License Issues
Implied consent in the context of North Dakota DUI law means that all drivers on the roadways of North Dakota agree to submit to a chemical test of their blood, breath or urine if a peace officer suspects that they are under the influence of alcohol, drugs or both. Refusing to submit to such a test will result in an immediate suspension of your drivers license. On your first refusal your drivers license will be seized and you will be issued a 25 day permit until your hearing. In most cases you will have your license suspended for 1 year for your first refusal, however the refusal can be "cured" by pleading guilty to a DUI. If you do plead guilty you will receive a 91-180 day suspension instead of the 1 year suspension. In the case of a guilty plea the driver may be eligible for a temporary restricted license after 30 days of the initial suspension has passed. You will not be eligible for a temporary restricted license if your license is suspended for refusal.
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