Third-Offense DUI in North Dakota

The penalties—including license suspension, fines, and possible jail time—for a third DUI conviction in North Dakota.

In North Dakota, a third DUI (driving under the influence) conviction is generally a misdemeanor. A DUI is considered a third offense if the driver has two prior DUI convictions within the past seven years. Here are some of the more common consequences and penalties of a third DUI conviction in North Dakota.

Criminal Penalties

North Dakota law sets the minimum and maximum penalties for a third DUI. Generally, the judge determines the specific penalties within the allowable ranges.

A third DUI conviction is a class A misdemeanor and carries 120 to 360 days in jail, $2,000 to $3,000 in fines, and 360 days on probation. The driver must also complete 360 days in the 24/7 program.

All DUI offenders must complete a substance abuse evaluation and follow the recommended treatment.

Driver's License Consequences

The court reports all DUI convictions to the Department of Transportation. For most third-offense DUIs, the state will revoke the driver's license for two years. 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 three years.

Drivers can apply to a restricted license to drive during a suspension but will generally be required to use an ignition interlock device.

Talk to an Attorney

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.

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