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Current as of January 01, 2024 | Updated by Findlaw Staff
1. It is a class A misdemeanor for an individual who is at least twenty-one years of age to violate section 39-08-01 if the violation occurred while a minor was accompanying the individual in a motor vehicle. If an individual has a previous conviction for a violation of section 39-08-01.4, a violation of this section is a class C felony.
2. The minimum sentence for an individual convicted of violating this section must include:
a. For a first offense, a fine of seven hundred fifty dollars, at least two days' imprisonment, an order for a substance abuse evaluation by an appropriate licensed addiction treatment program, at least three hundred sixty days of unsupervised probation, and at least three hundred sixty days' participation in the twenty-four seven sobriety program under chapter 54-12 as a mandatory condition of probation.
b. For a second or subsequent offense within fifteen years, at least one year and one day's imprisonment, a fine of two thousand dollars, an order for a substance abuse evaluation by an appropriate licensed addiction treatment program, at least two years' supervised probation, and at least three hundred sixty days' participation in the twenty-four seven sobriety program under chapter 54-12 as a mandatory condition of probation.
Cite this article: FindLaw.com - North Dakota Century Code Title 39. Motor Vehicles § 39-08-01.4. Driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor--Penalty - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-39-motor-vehicles/nd-cent-code-sect-39-08-01-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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