Second Offense DUI in North Dakota

In North Dakota, DUI is an acronym for driving under the influence, an offense leading to arrest and other severe penalties. Under North Dakota DUI Law (N.D. Cent. Code § 39-08-01), a second DUI offense occurs when a person is in 'actual physical control' of a vehicle with a blood alcohol content (BAC) of. 08% or greater or while under the influence of alcohol, drug, or substance.

Misdemeanors or second DUI offenses within 7 years are usually dealt with harsher measures, such as more severe penalties and fines than first DUI convictions. The state places these measures for individuals who drive under the influence to reduce repeat DUI offenses in North Dakota, deter drunk driving, and ensure public safety.

Is a 2nd DUI a Felony in North Dakota?

In North Dakota, a second DUI within a 7-year time frame is a Class B misdemeanor offense. In other words, this second DUI offense may occur when a person is convicted of a DUI within 7 years of a previous DUI conviction. However, it becomes a Class C Felony when the repeat offender gets a fourth or subsequent DUI conviction within 15 years.

Other conditions that may elevate a misdemeanor DUI to a felony are:

• The DUI offense leading to someone's death (class A felony)
• The offender, who is at least 21 years old drives under the influence with a minor under 16 in the vehicle
• The misdemeanor results in serious bodily harm, such as injuries or broken bones, leading to hospitalization
• The offender drives with a blood alcohol level of twice the. 08% legal limit or more.

What is the Look-back Period for a Second DUI in North Dakota?

A look-back period is the time frame in which previous offenses will be considered when facing a current DUI charge. The look-back period significantly impacts how an offender is charged when arrested for a DUI.

The look-back period for second DUI offenses in North Dakota is 7 years. For instance, if a driver with previous DUI offenses 5 years ago is arrested, higher penalties will apply because the offense is not within the look-back period of seven years. However, if the driver's previous offenses were 10 years ago, lesser and better penalties may apply because they are outside of the look-back period.

What are The Aggravating Factors in a Second North Dakota?

Certain aggravating factors can elevate a second DUI or misdemeanor to a felony, increasing the possible penalties. The following are common aggravating factors in DUI cases:

• A DUI accident that leads to death or serious bodily injury to another person
• Refusal to submit to a chemical test
• Minor or child passengers in the vehicle
• A very high blood alcohol concentration of. 16% or more
• Multiple previous DUI convictions on record

Note that specific aggravating factors during DUI offenses can further multiply the penalties involved. For example, having a minor passenger in the vehicle while driving can automatically become a Class C felony charge, which may lead to a jail term extension or license revocation.

What Happens If You Get a 2nd DUI in North Dakota

According to N.D. Cent. Code § 12.1-32-01, a second DUI offense is subject to the following penalties and sentencing:

• A minimum of 10 days and a maximum of 30 days imprisonment, of which 48 hours will be served consecutively
• A fine of $1,500
• License revocation for 365 days
• An order for addiction evaluation by a licensed addiction treatment program
• At least 360 days of participation in the 24/7 Sobriety Program.

How Long Does a Second DUI Stay On Your Record in North Dakota?

A second DUI conviction in North Dakota can remain on a person's criminal record for life. In cases of non-expungement, the consequences of a criminal record can extend far beyond court rulings and jail sentences. In North Dakota, drivers carrying a criminal record for DUI usually face challenges that can lead to employment issues, housing discrimination, educational limitations, and restrictions on civil rights.

How Much Does a Second DUI Cost in North Dakota?

In North Dakota, a second DUI offense within a 7-year period is a misdemeanor that incurs a mandatory minimum fine of $1,500. Depending on specific conditions the court imposes, other financial costs may include:

• Court administration fee of $125 for a Class B misdemeanor
• A fee of $100 was allocated for court facility improvement and maintenance
• $25 for community service (if any).

Chances of Going to Jail for a Second DUI in North Dakota

In North Dakota, a second DUI conviction is subject to a mandatory minimum of 10 days and a maximum of 30 days in jail. However, in the presence of aggravating factors, different DUI cases may attract higher jail sentences. The following are examples of aggravating factors in DUI cases that can increase jail sentences:

• DUI with a minor in the vehicle results in up to one year imprisonment
• Criminal Vehicular Injury (DUI cases that cause serious bodily injury) results in up to 5 years imprisonment
• Criminal Vehicular Homicide (DUI cases that lead to a person's death) results in up to 20 years imprisonment. N.D. Cent. Code § 39-08-01.2.

Driver's License Suspension for a Second DUI in North Dakota

In North Dakota, an offender is likely to lose a driver's license if convicted of a second DUI. A driver's license suspension or revocation can last for 365 days (N.D. Cent. Code § 39-06-31) if the driver is below. 18 BAC or 2 years if BAC is higher than 0.18. However, the suspension period may be extended depending on certain aggravating factors. For example, refusal to submit to a chemical test is a crime punishable by revoking driver's license for 180 days to 3 years.

Nonetheless, an offender whose driving privileges have been revoked can apply for a Temporary Restricted License (TRL) N.D. Cent. Code § 39-06.1-11. A TRL authorizes the operation of a non-commercial motor vehicle for work purposes, educational purposes, or essential life maintenance needs. To qualify for a TRL, the DUI offender should:

• Complete 24/7 Sobriety Program
• Own and drive commercial motor vehicles
• Not be under the age of 18 years
• Have not committed a DUI offense in the past five years
• Install an IID from an approved provider.

Ignition Interlock Device Requirement

An ignition interlock device (IID) is a breathalyzer that prevents a vehicle from starting unless the driver provides a breath sample with a blood alcohol concentration below the fixed level. It dissuades offenders from repeating a DUI offense in the future. Some DUI offenders may get a temporary restriction license if an ignition interlock device (IID) is installed in the vehicle after 30 days of the license suspension period.

There are no requirements for installing IIDs in North Dakota, but the court has the discretion to order offenders to install one if necessary. Furthermore, the state requires offenders to cover all costs and installation services for the IID, which may be between $2.50 and $3.50 per day.

DUI School and Substance Abuse Treatment

North Dakota requires all DUI offenders to complete a substance treatment evaluation in a DUI school. The Behavioral Health Division certified DUI education providers and licensed DUI education programs to ensure the health and safety of DUI offenders. The 16-hour DUI Seminar program (ASAM Level 0.5) is a licensed alcohol and drug risk reduction education program for DUI offenders in the state. The DUI seminar program conducts the seminar in classes that last no more than four hours per session and only one session per calendar day unless an exception is granted by the department (§ 75-09.1-09-15).

Probation Conditions

In North Dakota, the court may suspend the execution of a DUI sentence imposed and place the defendant on probation during the term of suspension (N.D. Cent. Code § 12.1-32-07). Probation following a DUI conviction serves various purposes, including supervision, rehabilitation, punishment, and safety.

The following are standard terms of probation for a second DUI arrest in the state:

• Undergo medical or psychiatric treatment and remain in a specified institution if required
• Report to a probation officer at reasonable times as directed by the court
• Submit to a medical examination or other reasonable testing for the purpose of determining the defendant's use of controlled substance
• Submit the defendant's place of residence or vehicle to search and seizure by a probation officer at any time of the day or night, with or without a search warrant.
• Provide community service for the number of hours designated by the court.

Community Service Requirements

For second DUI cases, the court may impose community services as an alternative to a mandatory jail sentence. The court could place the offender under the supervision and management of the Department of Corrections and Rehabilitation or other community corrections programs. A community corrections program is for the supervision of a defendant, including the enforcement of probation conditions set by the court. A typical community service after a second DUI conviction usually lasts for a year to 3 years.

Impact on Auto Insurance

For insurance companies, a DUI conviction is a severe indicator of a high-risk driving habit. Therefore, the defendant's auto insurance rates can drastically increase after a DUI. The rate may increase even more if the DUI caused an accident, leading to non-renewal of the insurance policy.

In North Dakota, DUI drivers may be required to file an SR-22, a form the insurance company files with the North Dakota Department of Transportation (NDDOT). This form or certificate is proof of financial responsibility and coverage for repeat DUI drivers.

Which Courts Handle DUI Cases in North Dakota?

The Municipal Court is primarily responsible for handling DUI cases in North Dakota. However, the District Court can handle more serious prior DUI offenses or convictions, such as second DUI or felony cases.

North Dakota also has an intensive Adult Drug Court, a voluntary program that targets willing, high-risk participants with problems that stem from substance use disorders. However, program candidates should have three or more DUI cases.

The following are some District Court locations and contact information in North Dakota:

Northeast Judicial District - Benson County
311 B Ave. S.,
Minnewaukan, ND 58351

Mailing Address:
P.O. Box 213
Phone: (701) 473-5345
Fax: (701) 473-5596

Northeast Judicial District - Cavalier County
901 3rd St.Suite 1,
Langdon, ND 58249
Phone: (701) 256-2124
Fax: (701) 256-3468

Southeast Judicial District - Foster County
1000 N. Central Ave.,
Carrington, ND 58421

Mailing Address:
P.O. Box 257
Carrington, ND 58421
Phone: (701) 652-1001

Northwest Judicial District - McKenzie County
201 5th St NW,
Watford City, ND 58854
Phone: (701) 842-8230
Fax: (701) 444-3916

Southeast Judicial District - Ransom County
205 5th Ave W,
Lisbon, ND 58054
Mailing Address: P.O. Box 626
Phone: (701) 683-6120
E-mail address: 37clerk@ndcourts.gov

The North Dakota Department of Transportation, through the Driver's License and Traffic Safety Division, handles driver services and administrative functions such as driver's licenses, suspensions, pre-applications, reinstatements, and status checks. The department also offers motor vehicle online services such as online renewal and duplicate, drive-out permits, title status checks, and more.

Below are some driver's license and motor vehicle sites across North Dakota, including addresses and other details:

Bottineau County
Treasurer Courthouse
314 5th St W Ste 11
(701) 228-2035

Ellendale County
101 1st St S
(701) 349-2045

Jamestown County
Chamber Office
120 2nd St SE
(701) 952-0852

Minot County
Arrowhead Shopping Center
1600 2nd Ave SW Ste 5
(701) 857-8221

Watford City
McKenzie County Courthouse
201 5th St NW Ste 510
(701) 444-3616

Can You Get a DUI on a Horse in North Dakota?

No. It is not possible to get a DUI on a horse in North Dakota. In 2023, the state passed a bill (HB 1506) that exempts bicycles and horses from the definition of "vehicle", as related to DUI law. However, the law states that any person operating a motorcycle or motor vehicle who intentionally harasses or frightens any domestic animal is guilty of a class B misdemeanor (N.D. Cent. Code §39-08-19)