What Is a Felony DUI in North Dakota?

Aggravating factors that can make a drunk driving charge a felony.

You can be charged with a DUI (driving under the influence) in North Dakota for operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (impaired by) drugs or alcohol. Most DUI convictions are misdemeanors. However, in certain circumstances, a DUI can be a felony.

Here are some of the circumstances that can result in felony DUI charges in North Dakota.

Fourth or Subsequent DUI Conviction Is a Felony

Typically, a first, second, or third DUI conviction is a misdemeanor in North Dakota. But when a driver has three or more prior convictions that occurred within the past 15 years, the next DUI (fourth or subsequent) will be a class C felony.

A fourth or subsequent DUI carries at least 366 days in jail and a minimum $2,000 fine.

Minor Passengers

If a DUI offender is caught with a minor passenger after previously being convicted of the same offense (DUI with a minor passenger), the offense is a class C felony. A class C felony generally carries up to five years in prison and a maximum $10,000 in fines.

Felony Charges for DUIs Involving Injuries and Deaths

A DUI involving substantial injury to another person is considered "criminal vehicular injury," a class C felony. Convicted motorists face at least one year in jail.

Causing the death of another person while driving under the influence is "vehicular homicide," a class A felony. A conviction carries at least three years in prison.

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