Third Offense DUI in North Dakota

A third DUI within five years in North Dakota will result in severe criminal penalties (jail time and thousands of dollars in fines) as well as administrative remedies including license suspensions.

Administrative Penalties

Expect a two-year license suspension if blood alcohol content (BAC) is .08%* - .17%. Expect a three year suspension if BAC is .18% or greater.

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:

  • 120 days imprisonment and $2,000 fine
  • Addiction evaluation
  • One year supervised probation
  • One year in the 24/7 program

The sentence can increase if there were any injuries, deaths or significant property damage.

The Lookback Period

The state of North Dakota uses a lookback period of 5 years for a third offense DUI. North Dakota drivers that have more than one prior offense in that five year period have the maximum jail and revocation.  

Felony vs. Misdemeanor in North Dakota

A third offense DUI in North Dakota is considered a class B misdemeanor unless additional factors such as injury, death or significant damage occurred while driving impaired. 

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.

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