Aggravated DUI in North Dakota: What You Need to Know

Discover how aggravated DUI charges affect you in North Dakota. Navigate the legal landscape with our expert guidance. Protect your future now!

According to North Dakota’s traffic safety initiative Vision Zero, about 35% of deadly crashes in North Dakota yearly have alcohol involvement. It also cited data showing that in 2023, one alcohol-related crash occurred every 13 hours in the state.

Given that driving under the influence (DUI) causes preventable injuries and deaths, it’s no wonder North Dakota DUI penalties are harsh. However, the punishment becomes even more severe for aggravated DUI cases.

But what exactly is an aggravated DUI in North Dakota? What are the differences between this and typical DUI charge consequences? Most importantly, what should you do if you or a loved one faces an aggravated DUI charge?

The legal experts at Heartland Law Office in Bismarck, ND, have addressed all those questions in this guide, so please read on.

What Is an Aggravated DUI in North Dakota?

An aggravated DUI is more severe than a standard DUI, as it usually constitutes one or more other offenses on top of driving under the influence. Some “aggravating” factors that can lead to it include the following.

Driving With a BAC of 0.16%

North Dakota DUI laws (ND Century Code § 39-08-01) make it illegal for people to operate a motor vehicle if their blood alcohol concentration (BAC) is at least 0.08% (eight one-hundredths of 1%) by weight. Drivers who violate this law will face a typical DUI charge, except if their BAC registers 0.16% or higher. In this case, a first DUI offense gets bumped to an aggravated DUI charge.

Impaired Driving With a Minor

A typical first DUI offense in North Dakota only carries a class B misdemeanor charge.

However, under ND Century Code § 39-08-01.4, a person aged 21 and older caught driving under the influence of alcohol and accompanied by a minor (an individual under 18) for the first time will face a class A misdemeanor charge. If the offender has previously violated this section, their charge will become a Class C felony.

DUI and Driving With a Revoked or Suspended License

ND Century Code § 39-06.1-11 makes operating a motor vehicle with a revoked or suspended license a class B misdemeanor (first through third offenses within five years). If a person with an existing record of violating this section has also committed a DUI offense, they will face an aggravated DUI charge.

Multiple Existing DUI Convictions

Under ND Century Code § 39-08-01, a first and second DUI conviction within seven years constitutes a class B misdemeanor. A third offense committed within seven years becomes a class A misdemeanor. Charges for fourth and subsequent offenses committed within fifteen years are class C felonies.

Severe Bodily Harm

Under ND Century Code 39-08-01.2, a DUI driver who causes substantial or severe bodily injury to another is guilty of criminal vehicular injury. Instead of facing a class B misdemeanor, they will get charged with a class C felony.

Death of Another

The death of another person, including an unborn child, is a serious aggravating factor that will cause a DUI charge to turn into a criminal vehicular homicide. In this case, the charge will constitute a class A felony.

What Are the Penalties for Aggravated DUI?

North Dakota DUI penalties depend on the offense’s elevated charge. Below is a list of the fines and punishments based on the DUI class of misdemeanor or felony as outlined in ND Century Code 39-08-01.

First Class B Misdemeanor Charge

A first DUI offense constituting a class B misdemeanor charge comes with the following penalties:

• A fine of no less than $500
• Addiction evaluation from an appropriate licensed addiction treatment program

However, if the person convicted of a first DUI offense had a BAC of 0.16%, their sentence would include a $750 fine and no less than two days of imprisonment.

Second Class B Misdemeanor Charge Within Seven Years

In this scenario, the defendant will face:

• An imprisonment term of at least ten days
• A fine of $1,500
• Addiction evaluation
• Participation in a 24/7 sobriety program for at least three hundred sixty days

Class A Misdemeanor

A class A misdemeanor charge for DUI imposes the following penalties:

• No less than one hundred twenty days in prison
• A fine of at least $2,000
• Addiction evaluation
• At least 360 days of supervised probation
• At least 360 days of participation in the 24/7 sobriety program

Class C Felony

For DUI charges constituting class C felony, the punishments include:

• No less than one year and one day of imprisonment
• A fine of at least $2,000
• Addiction evaluation
• At least two years of supervised probation
• Mandatory participation in the 24/7 sobriety program

Additionally, a class C felony for criminal vehicular injury can extend the imprisonment term to five years.

Class A Felony

An aggravated DUI charge, which constitutes a class A felony, carries hefty fines and a minimum prison term of three years. However, as the North Dakota Department of Transportation states, the court may extend this to 20 years.

What Should You Do When Facing Aggravated DUI?

The first and most crucial step is to contact an experienced DUI attorney in North Dakota. A DUI lawyer can help protect your rights and freedom and your future. Remember: DUIs can stay on your records for at least seven years, some for life, and criminal charges are often unexpungible.

Depending on the circumstances surrounding your case, your lawyer may use the following aggravated DUI defenses:

• Validity of the traffic/DUI stop
• Lack of probable cause for an arrest
• Credibility of the officer who arrested and charged you
• Incorrect enforcement of the field sobriety and breathalyzer tests

Moreover, your expert DUI attorney in Bismarck, ND, will retain and hire expert witnesses to reinforce your defense. For instance, they may collaborate with an expert who can explain how your breathalyzer test may have failed.

Let Heartland Law Office Represent You

Aggravated DUI can be more severe than standard DUI. It carries heftier fines and harsher punishments like longer imprisonment terms. For this reason, it is imperative to seek DUI legal advice immediately if you or a loved one faces an aggravated DUI charge.

Heartland Law Office’s highly experienced DUI and criminal defense attorneys in Bismarck, ND, are here to help. Our founder, Attorney Patrick Waters, has been in practice for 17 years, and Atty. Travis Iversen also has many years of criminal and family law expertise.

Contact our DUI law firm today for a free case evaluation and to learn how we can protect your rights and freedom.