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In North Dakota, 23.1% of all arrests are for DUI or other liquor law-related offenses. A conviction for DUI in North Dakota can cause severe consequences.

Therefore, if you face a DUI charge, you should consult with an attorney. An experienced DUI attorney can aggressively fight to protect your rights. 

At the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka, we are seasoned attorneys who have training and experience with North Dakota DUI laws.

If you are in the need of a DUI lawyer in Fargo, North Dakota, contact us today.

What Are the DUI Laws in North Dakota?

In North Dakota, it is a crime to operate a motor vehicle while under the influence of alcohol or other intoxicating substances.

What Is the Observational Part of a DUI?

An officer has probable cause to arrest you if there are visual signs of impairment and alcohol consumption.

Probable cause means that the totality of the circumstances demonstrates that you are driving under the influence.

What Is the Scientific Part of a DUI?

To operate a motor vehicle in North Dakota, your BAC (blood alcohol concentration) must be lower than .08. Police use chemical tests to determine your BAC. Also, North Dakota is an implied consent state.

Therefore, by operating a vehicle, you permit North Dakota to perform a chemical test. Failure to submit to a chemical test can lead to a driver’s license suspension.

What Is the Punishment for a First DUI Conviction?

A first-offense DUI is a class B misdemeanor. The punishment for a first-offense DUI is a $500 fine and a mandatory substance abuse evaluation.

However, the statute elevates the punishment to a $750 fine and two days in jail if you have a BAC of .16 or greater. You will also face a license suspension of 91 to 180 days.

What Is the Punishment for a Second DUI Conviction?

A second DUI conviction within seven years is a class B misdemeanor. The punishment for a second DUI conviction is a $1,500 fine and ten days in jail.

The court will also order an addiction evaluation and require 360 days of substance abuse treatment. You may face a one- to two-year driver’s license suspension.

What Is the Punishment for a Third DUI Conviction?

A third conviction within seven years is a class A misdemeanor. The court will sentence you to 120 days in jail and a $2,000 fine.

You will also face 360 days of supervised probation and substance abuse treatment. Also, a conviction may mean a two- to three-year license suspension.

What Is the Punishment for a Fourth DUI Conviction?

Fourth and subsequent convictions—within 15 years—are a class C felony. You may face 366 days in prison and a $2,000 fine.

The court will also order two years of supervised probation and substance abuse treatment.

Contact a Fargo DUI Lawyer Today

If you face DUI charges, there is no time for hesitation. North Dakota DUI laws are complex and involve administrative and criminal law.

Contact the criminal defense team at the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka online or call us today to schedule your free and confidential consultation.

We have 20 years of experience representing clients accused of DUI in North Dakota and Minnesota. 

Author Photo

John T. Arechigo, Esq.

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.

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