DUI Charges and the Look Back Period in North Dakota

When it comes to getting a DUI, there are more penalties with the more convictions you receive. DUI laws differ from state to state and depending on the level of offense, the severity of the penalties can range from a one-time $500 fine to mandatory prison time.


License Suspension/Revocation

The likelihood of a DUI offender having his or her license suspended is very high.  The license suspension/revocation process is separate from the criminal case with a different standard of proof.  Typically, you will be served with a report and notice form which initiates the license suspension process.  Depending on your prior convictions, the consequences for getting charged with a DUI could result in a license suspension from 91 days up to 3 years.

Look-Back Period

A “Look-Back Period” refers to the period of time in which prior offenses will be used to enhance a current DUI charge. The purpose behind a Look-Back period is deter offenders from receiving multiple DUI/DWI convictions, or to punish those who have multiple convictions.

In North Dakota, the Look-Back period for first, second and third offenses is 7 years, while the Look-Back period for fourth and subsequent offenses is currently lifetime.  This means that a fourth offense DUI/DWI conviction ever in your lifetime could result in a felony DUI charge, even if the prior conviction is more than 15 years old and from another state. These Look-Back periods have a significant impact on how you are charged when arrested for a DUI.

In Minnesota, the look-back period for all DWI offenses is 10 years. A fourth or subsequent offense in Minnesota is considered a felony level offense.

Additional Adverse Consequences

After a DUI/DWI conviction, the driver convicted of a driving under the influence crime runs the risk of having their insurance policy cancelled or drastically increased by their car insurance company. A DUI offense also damages a one’s driving record and the offense stays on the record for many years. This can affect future job opportunities and qualifications.  A DUI conviction can also impact your ability to travel to Canada.

If you are facing a DUI/DWI charge and want to discuss your options, talk to a O’Keeffe O’Brien Lyson Foss DUI Attorney today. Visit our website or give us a call at (877) 235-8002.

To learn more about North Dakota’s DUI laws, view this informational guide.

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