Second Offense DUI in North Dakota: What You Need to Know

Understanding a Second DUI Charge in North Dakota

Getting arrested for a DUI is always serious—but a second offense within seven years in North Dakota brings much harsher consequences than a first-time charge. Whether you live in Bismarck, Minot, Williston, or a smaller town, a repeat DUI means you're now facing mandatory jail time, steeper fines, and a longer license suspension.

At Heartland Law Office, we’ve helped countless North Dakotans navigate this exact situation—and we know how overwhelming it can feel. Let’s walk through what to expect and how a strong legal defense can help.

What Qualifies as a Second Offense DUI in North dakota?

Under the North Dakota Century Code § 39-08-01, a second DUI offense happens when you're arrested with a BAC of 0.08% or higher and you’ve already been convicted of a DUI within the past 7 years.

This includes:

• Driving under the influence of alcohol, drugs, or a combination of both

• Refusing a chemical test (which can trigger automatic penalties)

• DUI convictions from other states (if recognized by North Dakota law)

Penalties for a Second DUI in north dakota?

Here’s what you’re looking at for a second offense DUI conviction:

Mandatory Minimums

• Jail Time: 10 days (served consecutively)

• Fine: $1,500

• License Suspension: Minimum of 1 year

• Chemical Dependency Evaluation: Mandatory

• Ignition Interlock Device: Required upon reinstatement

Other Possible Consequences

• Probation or supervised release

• Community service

• Impact on employment or CDL holders

• Higher insurance premiums

Repeat DUIs also show up in criminal background checks, which can affect job opportunities, housing applications, and professional licenses.

What Happens After the Arrest?

If you're arrested for a second DUI, here’s a general timeline of what happens next:

1. Administrative License Suspension by the North Dakota DOT

2. Initial Court Appearance (usually within a few days)

3. Pretrial Hearings and evidence discovery

4. Negotiations or Trial

You’ll likely be dealing with both criminal court and the Department of Transportation for license issues. Each has different procedures—and strict deadlines.

Important: You only have 10 days to request a DOT hearing to challenge your license suspension. Missing that window can mean an automatic 1-year revocation.

Do I Need a Lawyer for a Second DUI?

Absolutely. A second DUI isn’t just a bump in the road—it can seriously derail your life. An experienced DUI defense lawyer can:

• Review the legality of the stop and arrest

• Challenge field sobriety or Breathalyzer results

• Negotiate for reduced charges or alternative sentencing

• Represent you at the DOT license hearing

At Heartland Law Office, attorney Patrick Waters has over 20 years of courtroom experience fighting DUI charges in Bismarck, Minot, Dickinson, Williston, and across North Dakota.

Defense Strategies for a Second DUI

No two DUI cases are the same. Depending on the facts, potential defenses might include:

• Unlawful traffic stop: Did the officer have reasonable suspicion to pull you over?

• Improper testing procedures: Were the Breathalyzer or blood tests administered correctly?

• Medical conditions: Some health issues or medications can affect BAC readings.

• Violation of rights: Were you properly read your Miranda rights?

We tailor each defense to the details of the case and the needs of the client.

Serving All of North Dakota

Heartland Law Office is proud to serve individuals across the state, including in:

• Bismarck

• Mandan

• Minot

• Williston

• Dickinson

• Devils Lake

• Standing Rock and other tribal courts

Whether your arrest happened in a city or rural county, we’re here to fight for your rights and your future.

Talk to a North Dakota DUI Lawyer Today

A second DUI charge doesn’t have to define your future—but you need to act fast. The sooner you contact a skilled DUI defense attorney, the more options you may have.

Call us now at 701-JUSTICE or visit www.heartlandlawoffice.com to schedule your free criminal consultation.

Disclaimer:This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.