North Dakota DUI Laws include driving under the influence of alcohol, drugs, or both. A North Dakota DUI is based on a Blood Alcohol Concentration or BAC of .08. The penalties for a driver over the age of 21 are scaled based on two levels;level 1_ up to .17, level 2 _ .18 or above. North Dakota law DUI state a BAC of .04 for commercial drivers, and a .02 for drivers under the age of 21.
The first North Dakota DUI offense results in a $250 fine,and a 180 day license suspension. Additionally, the request of alcohol addiction classes may be required by the state.
The second North Dakota DUI offense results in a $500 fine, and a 1 year license suspension without the ability to receive a work permit or restricted license. The jail time required for the second offense is a mandatory 5 days, or 30 days community service granted by the court.
The third North Dakota DUI offense results in a $1000 fine, and a 3 year license suspension. The jail time for this offense is a mandatory 60 days, with no negotiation for community service. Additionally, the court will order treatment for alcoholism at a treatment center.
The fourth North Dakota DUI offense results in a $1000 fine, and a 3 year license suspension. The jail time for this offense is a mandatory 180 days, with no negotiation for community service. According to North Dakota DUI laws, driving privileges are to be permanently suspended until 2 years of treatment have been completed. Additionally, the drivers record must be clear of any DUI offenses.
The fifth North Dakota DUI offense results in a class C felony conviction. A class C felony falls under obscenity control, which in this case prohibits alcohol or substance abuse in conjunction with th operating of a vehicle. Along with this conviction required by North Dakota DUI laws is 5 years in jail, and a fine of $5,000.
Implied Consent law in reference to North Dakota DUI laws prohibits the refusal of BAC testing through breath, blood, or urine. Failure to comply with this law will result in suspension of ones drivers license. For the first offense a 25 day permit is given until trial time. If convicted a 1 year license suspension will be issued.
However, according to North Dakota DUI laws, a guilty plea to the DUI charge will change the suspension time form 1 year to 90 – 180 days. Additionally, the guilty plea will award the driver a restricted license 30 days after the plea is made. A restricted license is not allowed however after refusal of the BAC testing, and automatically makes the driver guilty.