If you are facing a driving under the influence charge in ND, you may be wondering how long that DUI will stay on your record if there’s a conviction.
Unfortunately, as with most negative interactions with the law, the lasting consequences of a DUI go far beyond completing your sentence and paying your fines.
A DUI conviction can follow you for quite some time. If you have been accused of driving under the influence, you should contact a DUI attorney as soon as possible.
Having a strong defense and skilled attorney on your side is the best way to avoid a DUI record.
Contact us today to discuss your case!
How Long Does a DUI Stay on Your Driving Record?
How long a DUI will stay on your driving record depends on the particular circumstances unique to you.
Specifically, whether or not this is your first, second, or subsequent DUI will directly impact how long the conviction stays on your driving.
Also, the time frame matters, which is why most states have what is known as a “look-back period.”
North Dakota Look-Back Period
A “look-back period” refers to the period of time in which prior offenses will be considered when facing sentencing for a current DUI charge.
The purpose is to deter repeat offenders by increasing the penalties if they get multiple DUI convictions within a certain time period.
In North Dakota, the look-back period for first, second, and third offenses is seven years.
For a fourth or subsequent offense, the look-back period is indefinite, and any prior offenses will remain on your record for the purpose of enhancing sentencing for your current DUI.
What Does This Mean?
Unfortunately, this means if the State charges you with a fourth DUI, all previous DUI convictions will count against you—regardless of how long ago they happened.
Here is another example of how the look-back period comes into play.
Suppose you are arrested for a second DUI today, and your prior offense was five years ago.
You will face higher penalties because the look-back period of seven years means that your five-year-old conviction counts against you.
However, if you are arrested for a second DUI today but your prior offense was 10 years ago, then you will not face higher penalties because it is outside of the look-back period.
In neighboring Minnesota, the look-back period for all DWI offenses, regardless of offense number, is 10 years.
Contact the DUI Defense Attorneys at Arechigo & Stokka
At Arechigo & Stokka, our goal is to achieve the best possible outcome for you. We are a small firm that gets big results, and we pride ourselves on giving each client our personal, undivided attention.
If you are accused of a DUI or have already been convicted and are concerned about your record, we are happy to answer your questions and concerns.
Contact our office to schedule a complimentary consultation to discuss your case!
Attorney John Arechigo has a passion for criminal defense in St. Paul, MN. John received his J.D., from Hamline University School of Law and also carries a Bachelor of Arts from, The University of Minnesota. John was named Attorney of the Year for 2019 by Minnesota Lawyer. Additionally, John was also named as a 2019 Rising Star and was selected to Minnesota Super Lawyers in 2021. He devotes nearly 100% of his practice to defending individuals charged with a crime.