North Dakota law requires courts to consider any DUI occurring within five years of the current offense as a "prior" DUI for punishment purposes. This means that if an offender has committed a DUI within the previous five years, they will be punished as a second time offender.
A second offense is a Class B misdemeanor and the offendor is subject to:
- ten days imprisonment and $1,500 fine
- addiction evaluation
- one year in the 24/7 program
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.
North Dakota’s department of motor vehicles also imposes penalties against a second time offender.
- 365 day license suspension if below .18
- Two year suspension if .18 or greater
- installation of an ignition interlock device
Getting Legal Advice
A lawyer can best explain the state’s second time DUI punishments and determine the best course of action for you.