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

Understanding the Stakes of a Third DUI in north dakota.

In North Dakota, DUI penalties get much more severe with each offense. While a first or even second DUI might be treated as a misdemeanor, a third DUI within seven years is considered a Class A Misdemeanor, just one step below a felony. However, the consequences are serious and life-altering.

At Heartland Law Office, we’ve helped clients across Bismarck, Minot, Dickinson, Williston, and throughout the state navigate repeat DUI charges. Let’s walk through what you can expect if you're facing a third offense DUI—and what defense strategies may be available.

The Legal Definition: When Does It Count as a Third Offense?

North Dakota uses a seven-year lookback period to determine how prior DUIs are counted. If you’ve been convicted of two prior DUIs within the last seven years, your third DUI is treated more harshly under state law.

Here’s what qualifies:

• Any prior DUI conviction (including refusal to submit to a chemical test)

• Out-of-state DUI convictions may also count, depending on the circumstances

• The current offense involves alcohol, drugs, or a combination of both

Penalties for a Third DUI in North Dakota

A third DUI conviction triggers some of the toughest penalties under North Dakota’s DUI laws. Here’s what you could be facing:

Mandatory Minimums

• Jail Time: At least 120 days (can be served in custody or through an approved

  treatment program)

• Fine: Minimum $2,000

• License Suspension: Minimum 2 years

• Mandatory Addiction Evaluation & Treatment

• Ignition Interlock Device: Required for at least 1 year after license reinstatement

And unlike first and second offenses, there’s less room for judicial discretion—courts must impose these minimums unless unusual circumstances apply.

Felony Risk and Aggravating Factors

While a third DUI in North Dakota is usually a Class A Misdemeanor, certain circumstances can elevate it to a felony, such as:

• Causing injury or death while impaired

• Having a child in the vehicle

• Fleeing from law enforcement

A felony DUI can carry years in prison and thousands more in fines.

How a DUI Defense Attorney Can Help

You may feel like a third DUI means your fate is sealed—but that’s not always true. A skilled DUI defense attorney can:

• Challenge the legality of the stop or arrest

• Review whether the chemical test was properly administered

• Negotiate alternatives to jail time, such as residential treatment

• Fight for a reduced charge if the prosecution’s case has weaknesses

At Heartland Law Office, we’ve represented individuals from Fargo to Watford City in high-stakes DUI cases. Every case is different, and we tailor our defense to your specific circumstances.

Why You Need to Act Fast

North Dakota law triggers automatic license consequences after a DUI arrest, often well before your court date. You have limited time to request a hearing to challenge your license suspension through the Department of Transportation.

Don’t wait. The earlier we can step in, the more options we may have.

Serving DUI Clients Across North Dakota

Whether you were pulled over on I-94 near Bismarck or leaving a gathering in rural Burke County, a third DUI arrest can turn your world upside down. But with experienced legal guidance, you can fight for a better outcome—and start putting this chapter behind you.

Contact Heartland Law Office today at 701-JUSTICE to schedule a confidential consultation.We’ll review your case, explain your options, and help you build the strongest defense possible.

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