Information on What the Ignition Interlock Device Law is in the Flickertail State of ND
Grand Forks, Minot, Fargo, Bismarck, Williston, and all other cities and towns across the state of North Dakota have the same DUI and ND Ignition Interlock device laws when it comes to driving under the influence charge offenses. Anyone pulled over while driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be charged with Driving Under the Influence (DUI). Those who are subsequently convicted of this crime face a number of penalties that may include monetary fines, jail time, a driver’s license suspension, and having to use an Ignition Interlock Device (IID) in order to have their driver’s license back.
Government research found that most individuals are too impaired to drive when their BAC is 0.05 percent, and all individuals are too impaired to drive when their BAC is 0.08 percent. It is this research that is responsible for most states adopting 0.08 percent BAC as the basis for being charged with drinking and driving related crimes. Additionally, in the state of North Dakota, commercial drivers can be charged with DUI with a BAC of 0.04 percent, and minors (under 21) can be charged with DUI with a BAC of 0.02 percent. Given the serious costs and penalties under the new ND laws, it is important to have the arrest details examined online by us so that every defense option can be explored, and serious consequences such as having to get an Ignition Interlock device installed might be prevented.
What Are the Penalties for Driving Under the Influence in North Dakota?
Those drivers who are charged and then convicted of DUI face a number of penalties as punishment for their crime. This variety of punishments in ND which also include the Ignition Interlock requirement, is used to discourage offenders from partaking in drinking and driving behavior in the future as well as a means to provide an example for others. Those convicted of their first DUI offense face the least harsh of penalties – first time DUI offenders in the state of North Dakota face penalties, such as:
- Monetary Fines Between $500 and $750
- Driver’s License Suspension of 91 to 180 Days
- Installing and Ignition Interlock Device to Legally Drive
Repeat offenders face harsher penalties depending on the number of previous drinking and driving convictions they have on their record. North Dakota uses a five-year lookback period, which means a second DUI offense convictions within the last five years are counted against them. Second time DUI offenders, or those with one previous conviction, in the state of North Dakota face penalties, such as:
- 10 Days in Jail
- Monetary Fines Between $600 and $1,000
- ND Driver’s License Suspension of One Year
- Having to Install an Ignition Interlock for an Average Length of Time of 2 Years
Third time DUI offenders, or those with two previous convictions, in the state of North Dakota face penalties, such as:
- 120 Days in Jail
- Minimum $2,000
- Driver’s License Suspension of Two to Three Years
- ND DUI Interlock Required For Several Years
The Implied Consent Law in North Dakota
North Dakota, along with other states, enforces an “implied consent” law. This law outlines that drivers in the state automatically consent to having chemical testing performed to determine BAC – these tests can include Breathalyzer, urine, or blood testing. Should drivers refuse to have this testing conducted, they face an automatic fine and driver’s license suspension. First time DUI offenders contend with a one-year license revocation, second time offenders contend with a three-year license revocation, and third time offenders a four-year revocation. Under what the strict new laws are, a driver will also likely have to get an Ignition Interlock put in their car as a condition of getting a license back in ND.
What is an Ignition Interlock Device and How Does it Work With ND DUI Laws?
In North Dakota DUI cases where an offender has the opportunity to have their driving privileges reinstated, it is possible they are required to use an Ignition Interlock device in order to do so. These devices are very similar to the Breathalyzer devices used by police officers and other law enforcement, except it is mounted inside the offender’s vehicle. In order to turn on the vehicle, offenders need to provide a breath sample – should this sample be below the pre-determined limit the device is calibrated for, the vehicle starts normally and offenders are allowed to drive.
A car Breathalyzer Ignition Interlock device is most often set with a pre-determined limit of 0.02 percent. Should the breath sample provided by ND DUI offenders be more than this limit, the vehicle does not start. Additionally, IIDs can be set to require random retests of breath samples while the vehicle is running. Should the retested sample be above the pre-determined limit, the event is logged in the device’s internal memory, and an alarm sounds until the vehicle is turned off. This is meant to prevent another individual from providing the initial sample and allowing offenders to drive intoxicated.
When is Using an Ignition Interlock Device Required in the State of North Dakota?
The state of North Dakota authorizes the requirement to install an Ignition Interlock for certain individuals convicted of DUI or other alcohol related driving offenses. Courts and judges in North Dakota have the discretion to order the installation and use of an IID as a condition of offenders having their driver’s license reinstated. This authorization is given to any driver convicted of DUI or another drinking and driving related crime depending on the circumstances of their case as well as the judge’s discretion. This is another reason why getting help online with us as soon as possible after a DUI arrest is so important in the chances to fight the charges successfully.
Who is Responsible for Paying What the Total Cost is for an Ignition Interlock Device in ND?
In cases where a ND judge has authorized the use of a DUI Interlock, offenders themselves are responsible for the costs associated with obtaining and using the device. It is not uncommon for individuals to pay upwards of $100 for the device’s installation as well as between $70 and $120 a month to lease the device. It is important to keep in mind these prices vary between Ignition Interlock providers – some charge more while others may charge less. Additionally, it is not uncommon for an IID provider to also offer free Interlock installation if offenders lease the device from them.
What is the Process of Getting an Ignition Interlock Device in North Dakota?
When the authorization of an Ignition Interlock device has been given in ND, offenders have a limited amount of time to have the device installed and operational in order to receive their driving privileges back. During this time, offenders need to lease the IID from a state approved IID provider in order to remain within the IID guidelines – these approved providers can be found all over the state of North Dakota, and a full list of these companies can be found on the North Dakota Department of Transportation website.
Once the car Breathalyzer Interlock device has been leased, offenders also need to ensure it is installed to state standards – often times, the company providing the IID is able to install it as well. After the device has been leased and installed, it is possible individuals need to report back to either the court, the judge, their probation officer, or the North Dakota Department of Transportation to notify them the device has been installed. At this time, the DOT is able to reinstate an offender’s driving privileges. When an ND Ignition Interlock lawyer reviews a person’s own DUI arrest information online with us, the local North Dakota attorney reviewing the circumstances will then be able to answer all questions about what possible ways could be a defense for how to avoid having to get an Ignition Interlock device installed in:
[column col=”1/4″]Adams CountyBarnes County
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[/column] [column col=”1/4″]Abercrombie
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[/column] [column col=”1/4″]Goodrich
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[/column] [column col=”1/4″]Oriska
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