Major Changes in North Dakota DUI and Criminal Law
In 2015, major changes were made to North Dakota’s Driving Under the Influence and Criminal Law. These updates could have an impact on your fines, prison sentence, testing, treatment, etc. The Chapman Law Office is on the cutting edge of the law and makes it a point to keep updated on the constantly changing criminal code. We have provided a summary of recent changes to the law here:
SB 2052: “Lookback period” for driving under the influence convictions is now limited to 15 years. Affects N.D.C.C. Section 39-08-01. Prosecutors are allowed to look back and use prior DUI convictions against a defendant. Prior to this law, four or more DUI convictions in a lifetime could be charged as a C felony offense. The prosecutor was allowed to use all previous DUI convictions, even outside North Dakota, for the defendant’s entire life. The lookback period is now limited to 15 years, meaning any DUIs older than that cannot be used to enhance your current DUI charge.
SB 2070: Immunity from prosecution for reporting a medical emergency involving drugs.
SB 2154: DOCR may release 4th time offenders early if they have completed treatment.
SB 2156: Restructuring of mandatory sentences for armed offenders.
SB 2192: Aggravated assault not subject to 85% rule unless assault victim is under 12 years old.
SB 2204: Jurisdiction of hindering law enforcment can be where crime is being investigated.
SB 2211: No liability insurance is a moving violation, not an infraction.
SB 2219: Creates a statewide human trafficking commission.
SB 2250: Increase offense level for some prostitution crimes.
SB 2266: Production of child pornography elevated to A felony.
SB 2270: Bail bondsman can take up to 20% commission and mileage.
SB 2274: If chief law enforcement officer is required by federal law to approve firearm certification, it shall be done within 30 days.
SB 2332: Hiring prostitute is a B misdemeanor for first offense; A misdemeanor for second time offense.
SB 2333: Under 21 allowed in bar or restaurant under guidance of a guardian, not later than 10:00 p.m.
SB 2352: Law enforcement can remove a vehicle without permission if it is blocking a highway.
HB 1030: Courts may deviate from drug crime minimum mandatory if manifest injustice would occur.
HB 1241: Short barreled rifles and shotguns are now allowed for hunting; guns may be allowed in alcohol stores as long as no drinking occurs; weapons may be possessed in certain public gatherings.
HB 1264: Law and fire body camera images exempt from open records.
HB 1307: C felony to file fake liens on public servants.
HB 1321: Stalking expanded to include GPS tracking.
HB 1347: Human Trafficking included in disorderly conduct; deprived child includes human-trafficked child.
HB 1367: Reduces probation lengths and makes many felonies discretionary supervised probation.
HB 1368: Domestic violence and assault and battery offenders cannot be ordered to anger management unless there is no alternative.
HB 1391: No liability convictions must send proof of insurance to DOT for one year.
HB 1394: Once or less of marijuana is now considered a B misdemeanor.
HB 1407: Homeless sex offenders need to register every 3 days.
HB 1450: Magazines do not have to be removed from a gun to be considered unloaded; guns allowed in vehicles on college campuses. Affects N.D.C.C. Section 39-08-01.
If you need an experienced DUI and criminal defense lawyer, contact the Chapman Law Office in Williston, ND. Free consultation with an attorney who will fight for your rights. We are a local firm that has successfully defended thousands of cases like yours. Contact us by phone today at 701-572-3966 or email us at [email protected].
