First Offense DUI in North Dakota

First DUI in North Dakota imposes both criminal and administrative penalties on convicted offenders, and in turn, having legal counsel involved from the outset is essential toward avoiding conviction. The following addresses only penalties applicable to first offenders with private driver’s licenses, and in turn, minors and commercial drivers are treated vastly differently under North Dakota law. To determine specifically what charges you face in your case, as well as the potential penalties associated with a given charge, it is imperative you consult with a North Dakota DUI lawyer.

Administrative Penalties

• First offense DUI arrest carries mandatory administrative license suspension of ninety-one (91) days in North Dakota, with offenders being eligible for limited occupational licensing after a period of thirty (30) days

• Reinstatement contingent upon completion of alcohol/drug assessment and obtaining SR-22 coverage, but for first offenders, ignition interlock devices are not required, unless specifically ordered at discretion of the courts

• Refusals to submit, under implied consent laws in North Dakota, result in automatic one (1) year license suspension for first offense

Criminal Penalties

• There is no mandatory minimum period of incarceration for first offense DUI convictions in North Dakota, although defendants face possibility of incarceration pending the case-specific nature of each offense

• Fines assessed at a minimum of $250, with this amount not covering costs related to completion of sentence or reinstatement of license costs

• Convictions of first offense influence charging and sentencing of second and subsequent offenses for a period of not more than five (5) years, unless fourth and subsequent offense involved, which extends period to seven (7) years

Getting Legal Help

The state of North Dakota does not expressly prohibit pleading down of DUI charges into lesser criminal or non-criminal, traffic offenses, if applicable. Defendants, upon the advice of legal counsel and in light of case-specific elements, are free to negotiate favorable plea agreements with prosecutors, or pending representation of legal counsel and the case-specific factors, work towards outright dismissal. For more information, consult with a North Dakota first DUI lawyer to learn more.