In North Dakota, a second DUI (driving under the influence) conviction is generally a misdemeanor. A DUI is considered a second offense if the driver has one prior DUI conviction within the past seven years. Here are some of the more common consequences and penalties of a second DUI conviction in North Dakota.
North Dakota law sets the minimum and maximum penalties for a second DUI. Generally, the judge sets the specific penalties within the allowable ranges.
A second DUI conviction is a class B misdemeanor and carries ten to 30 days in jail and $1,500 in fines. The driver must also complete at least 360 days in the 24/7 program.
All DUI offenders must complete a substance abuse evaluation and follow the recommended treatment.
The court reports all DUI convictions to the Department of Transportation. For most second-offense DUIs, the state will revoke the driver's license for 365 days. However, for drivers who had a blood alcohol concentration of .18% or more or refused alcohol testing in violation of the implied consent law, the suspension will be two years.
Drivers can apply to a restricted license to drive during a suspension but will generally be required to use an ignition interlock device.
If you've been arrested for driving under the influence in North Dakota, talk to a DUI lawyer as soon as possible. The consequences of a DUI are serious, especially if you have prior convictions. A qualified DUI attorney can tell you how the law applies to your case and help you decide on how best to handle your situation.