First DUI Offense Penalties in North Dakota

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First DUI Offense Penalties in North Dakota

While many states have seen a vast improvement in recent years concerning drunk driving fatalities, North Dakota is one of the few that saw an increase in fatalities from the 2002 to 2012 period. The state currently has a 4-star rating from Mothers Against Drunk Driving (MADD), but the organization would definitely like to see state legislators address some issues, especially concerning first time violators.

North Dakota DUI by the Numbers (based on 2002-2012 statistics)

The one statistic that really stands out for North Dakota is the 64.2 percent increase in alcohol-impaired driving fatalities. In most states, there has been a very sharp decline in this number and North Dakota not only has an increase, but one that is quite significant.

  • 72 total alcohol-related fatalities with seven involving under-21 drivers
  • 10.3 fatalities per 100k residents
  • 64.2 percent increase in fatalities per 100k (21.8 percent decrease in under-21 drivers)
  • 78.3 percent fatalities involved drivers with a blood alcohol content (BAC) of .15+
  • 100 percent of repeat offenders had a BAC of .15+
  • Total of 5,730 DUI arrests

North Dakota First DUI Penalties and Fines

One of the areas MADD specifically points to concerning North Dakota DUI laws is the lack of penalties for first time offenders as well as no requirement for an ignition interlock device (IID). In fact, currently, an IID is not required by law at any point for DUI offenses. Below you will find all penalties and fines for first time offenders:

  • No mandatory jail sentence
  • No IID required
  • Monetary fines between $500 and $750
  • Mandatory license suspension between 90 and 180 days
  • Mandatory one year license suspension for refusing to take chemical tests (North Dakota is an implied consent state)

North Dakota DUI BAC Levels

  • Drivers 21 or older with a BAC of .08 percent or higher
  • Drivers under the age of 21 with a BAC of .02 percent or higher
  • Commercial drivers with a BAC of .04 percent or higher

Hiring a DUI Attorney in North Dakota

Because of the implications of a DUI conviction, both personally and professionally, it is always recommended to hire a DUI attorney if arrested. In North Dakota, there is also a chance of plea bargaining to lesser charges (wet reckless), so hiring an attorney to negotiate this deal with the prosecuting attorney will aid in making this possible. If you need a North Dakota DUI lawyer, fill out the form to get a free case evaluation.

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