Third Offense DUI in North Dakota

A DUI or driving under the Influence charge is very serious and a third offense DUI in North Dakota carries very significant penalties. DUI charges in the state can occur if the driver has a blood alcohol content of under 0.08 if they are driving erratically or have the appearance of being impaired. This type of charge on your record could impact employment opportunities and serious affect your life for years to come.

Administrative Penalties

The laws of the state of North Dakota provide the option for the judge to set the administrative penalties. The penalties with a conviction will include a minimum fine of one thousand dollars plus all associated court costs and other fees. In addition North Dakota requires mandatory attendance at an addiction facility. During this time you will receive alcohol and drug counseling as required.  At this time you will also need to obtain SR22 Insurance Coverage which is designed to prove financial responsibility. An ignition interlock device will also be required after a second conviction.

Criminal Penalties

A third offense DUI in North Dakota includes the following:

• A mandatory 60 day jail sentence.
• Your license will be suspended for two years if your BAC or blood alcohol content was under 0.17
• Your license will be suspended three years for anything over 0.18.
• The sentence can increase if there were any injuries, deaths or significant property damage that was part of the DUI incident and charges.

The Lookback Period

Generally the state of North Dakota uses a lookback period of 7 years for a third offense DUI. North Dakota drivers that have more than one prior offense in that seven year period have the maximum jail and revocation. For a fourth offense the consequences are more significant. 

Felony vs. Misdemeanor in North Dakota

A third offense DUI in North Dakota is considered a misdemeanor unless additional factors such as injury, death or significant damage occurred while driving impaired. The state considers the fifth DUI a felony offense with charges of up to five years in jail.

Plea Options

As in all states it is possible to plead guilty or not guilty to DUI charges, even on a third offense. Talking with an attorney can provide you with insight into which option is best given the specifics of your case. In addition there may be the option to plead down to a reckless driving involving alcohol, sometimes informally known as a "wet reckless".

Obtain Legal Advice

An experienced DUI attorney can provide information on the pros and cons for your specific case. They will also provide information on ways that you may be able to decrease the sentence through rehabilitation, community service or other programs.