Second Offense DUI in North Dakota

Penalties for a second DUI in North Dakota are set forth in Title 39-08-01 of the state’s Century Code. These laws allow courts to consider previous DUI convictions occurring in North Dakota or another state and establish the criminal and administrative penalties for second time offenses and identify the crime as a misdemeanor.

North Dakota “Look Back” Laws

North Dakota state statutes allow courts to consider any DUI occurring within five years of the current offense in its punishment. This means that if an offender has committed a DUI within the previous five years, they will be punished as a second time offender.

North Dakota Misdemeanor vs. Felony Rules

North Dakota considers any crime that carries a possible punishment of less than a year in jail as a misdemeanor, and any crime with a possible punishment of a year or longer as a felony. Because a second time offense in the state is punishable by five days in prison, it is a misdemeanor.

Criminal Penalties in North Dakota

Criminal penalties in North Dakota are those imposed by a criminal court. Under statutory law, the court can fine the offender include a minimum of $500, imprison them for five days or sentence them to 30 days of community service. The court can also order an offender to attend inpatient or outpatient alcohol treatment programs and DUI prevention courses.

Plea Options in North Dakota

An offender can plead guilty, not guilty or enter into a plea bargain with the state’s prosecution. With a guilty plea the offender accepts the court’s punishment and does not have the right to appeal. A not guilty plea usually results in the case being taken to trial, in which the jury decides the punishment after conviction. A plea bargain is a negotiated document with terms of punishment that are agreeable to both parties. Often, a plea bargain carries lighter criminal penalties.

Administrative Penalties

North Dakota’s department of motor vehicles also imposes penalties against a second time offender. Because they are not imposed by the criminal court, these penalties are called “administrative penalties”. They include installing an ignition interlock device on their offender’s vehicle for which the offender will have to pay for during its use. Additionally, the agency can suspend the offender’s license for a year and confiscate the offender’s vehicle permanently or for a set period of time, as determined in the agency’s discretion.

Getting Legal Advice

If you are facing a second DUI charge in North Dakota, seek the advice of an attorney. A lawyer will explain the state’s second time DUI punishments and discuss with you which ones could apply to you.