Second Offense DUI in North Dakota

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.

Criminal Penalties 

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

Plea Options

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.

  • 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.

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