DUI Lawyer – DUI Defense Lawyers in North Dakota
With the constantly changing DUI laws in North Dakota, it is essential if you have been charged with DUI/APC that you contact a firm that can defend your rights to the full extent of the law.
Click to contact an experienced DUI attorney right away
In many other states, a DUI (Driving Under the Influence) is known as a DWI (Driving While Intoxicated). North Dakota takes a different approach to drinking and driving laws because under North Dakota law a driver can be UNDER .08% BAC (Blood Alcohol Concentration) and still be charged with a DUI. That is why it is important that you hire a law firm that understands the specific nuances of the law.
We provide you with a free consultation to discuss the circumstances of your particular case. Every case is factually unique, which means that every case contains unique legal issues. The consultation phase gives us a chance to get a jump start on your case before dealing with the prosecution or walking into the courtroom.
North Dakota DUI Cases
The North Dakota DUI Law Firm handles the following levels of DUI offenses:
What are the penalties for a North Dakota DUI offense?
North Dakota First Offense DUI
A North Dakota first DUI offense is a Class B Misdemeanor. A first offense could carry the following fines and penalties.
There is no minimum jail sentence for a first DUI offense unless your BAC level was .16% or greater. In these cases, there is a 2 day minimum jail term or 20 hours of community service. The fine amount for a first offense will typically be between $500 and $1,500 plus court costs. You will also be required to attend a DUI class. If you refuse a DUI test on your first offense, your license will be revoked for 1 year and you will not be eligible for a restricted license. A first offense conviction with a BAC level below .16% will result in your license being suspended for up to 91 days. For a BAC of .16% or greater, your license can be suspended for up to 180 days. In both cases, you may apply for a work permit after 30 days of your suspension.
North Dakota Second Offense DUI
A North Dakota second DUI offense is a Class B Misdemeanor and must be committed within 7 years of the first offense to count as a second offense. A second offense could carry the following fines and penalties.
A second DUI offense will result in a mandatory 10 day jail sentence, or up to 30 days of community service. Some of the jail time, if sentenced, can be served under house arrest. The minimum monetary fine for a second offense is between $1,000 and $1,500 plus court costs. You will also be required to attend a DUI class. If you refuse a DUI test on your second offense, your license will be revoked for 3 years and you will not be eligible for a restricted license. A second offense conviction with a BAC level below .16% will result in your license being suspended for up 1 year. For a BAC of .16% or greater, your license can be suspended for up to 2 years. You will not be eligible for a work permit for a second DUI offense.
North Dakota Third Offense DUI
A North Dakota third DUI offense is a Class A Misdemeanor. A third offense could carry the following fines and penalties.
A third DUI offense will result in 120 days to 1 year in jail. Some of the jail sentence can be served under house arrest and up to 60 days of the jail sentence may be suspended if you complete an alcohol program. The minimum monetary fine for a third offense is between $2,000 and $3,000 plus court costs. You will also be required to attend a DUI class.
If you refuse a DUI test on your third offense, your license will be revoked for 5 years (if your previous 2 were within 7 years) and you will not be eligible for a restricted license. A third offense conviction with a BAC level below .16% will result in your license being suspended for up 2 years. For a BAC of .16% or greater, your license can be suspended for up to 3 years. You will not be eligible for a work permit for a third DUI offense.
North Dakota Fourth Offense DUI
A North Dakota fourth DUI offense can be charged as a Class C Felony. A fourth offense could carry the following fines and penalties.
A fourth DUI offense will result in a minimum of 1 year in jail, up to 5 years. Up to 4 of those years may be waived with the completion of an alcohol treatment program. The minimum monetary fine for a fourth offense is between $2,000 and $10,000 plus court costs. You will also be required to attend a DUI class. A fourth offense conviction with a BAC level below .16% will result in your license being suspended for up 2 years. For a BAC of .16% or greater, your license can be suspended for up to 3 years. You will not be eligible for a work permit for a fourth DUI offense.