Felony DUI in North Dakota.
Your record, your freedom, your license.
A fourth DUI within fifteen years is a Class C felony with a mandatory year and a day in prison. A DUI that injures or kills someone is a felony regardless of your record. Felony cases are a different kind of fight, and they’re one we take on.
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When a DUI becomes a felony
- Fourth or subsequent DUI within 15 years — Class C felony.
- Criminal vehicular injury — causing serious bodily injury while driving impaired: up to 5 years.
- Criminal vehicular homicide — causing a death while driving impaired: up to 20 years.
Fourth-offense DUI penalties
| Penalty | Fourth or subsequent in 15 years |
|---|---|
| Classification | Class C felony (up to 5 years / $10,000) |
| Minimum imprisonment | 1 year and 1 day |
| Minimum fine | $2,000 |
| 24/7 sobriety program | 2 years |
| Supervised probation | 2 years |
| Addiction evaluation | Required |
A felony conviction also means losing the right to possess firearms, disclosure on job and housing applications for life, and a license revocation measured in years.
The 15-year lookback and why it’s the first battleground
The felony charge depends on three valid prior DUI convictions within 15 years. Fifteen years is a long time; records get lost, old pleas were taken without counsel, out-of-state convictions were under different statutes. We obtain and audit every prior. If one doesn’t hold up, the charge drops to a third-offense misdemeanor — the difference between a year in prison and 120 days in county jail.
Injury and homicide cases
These cases turn on causation and on the science. Was impairment actually the cause of the crash, or was it weather, the other driver, road design? Was the blood draw done lawfully and tested reliably? These cases are investigated like the serious felonies they are: accident reconstruction, independent toxicology, and every second of body-cam and dash-cam footage.
What we do first
Felony DUI cases are usually charged quickly and bail conditions can be severe. Call us before your first appearance if at all possible. Getting reasonable conditions of release — and getting you into evaluation and treatment on your own initiative — shapes everything that follows.
Talk to a North Dakota DUI lawyer now. It’s free.
☎ 701-365-8088Common questions
Can a felony DUI be reduced to a misdemeanor?
If the state cannot prove three valid priors within 15 years, yes — the charge must be reduced. Independent of the priors, plea negotiations on felony DUI are possible but depend heavily on the facts and the county.
Will I lose my gun rights?
A felony conviction in North Dakota results in loss of firearm rights. Restoration is possible in some circumstances years later, but it is not automatic.
Is prison time really mandatory?
The statute sets a minimum of one year and one day. As with every mandatory minimum, the realistic fight is over whether the conviction is a felony DUI at all.
Charged with DUI in North Dakota? Call now.
701-365-8088Free consultation · 24 hours a day, 7 days a week
West Fargo | Bismarck
Attorney advertising. Prior results do not guarantee a similar outcome. Penalty figures reflect North Dakota mandatory minimums published by the NDDOT and are subject to change; courts can impose more. This page is general information, not legal advice for your situation, and contacting us does not create an attorney–client relationship until we agree to represent you.