AN ACT to amend and reenact subsection 2 of section 39-08-01.2 of the North Dakota Century Code, relating to punishment for causing injury while operating a vehicle under the influence of alcohol; and to provide a penalty.

69th Legislative Assembly (2025-26)

Imposes mandatory minimum prison terms for criminal vehicular injury caused by impaired driving, with at least 1 year 1 day for first offense and 2 years for prior related convicti

Filed with Secretary Of State 04/03

Purpose / Intent

The bill amends NDCC § 39‑08‑01.2(2) to strengthen criminal penalties for drivers who, while violating the state’s impaired‑driving law, cause substantial or serious bodily injury to another person. It establishes mandatory minimum imprisonment terms for conviction of the offense commonly referred to as “criminal vehicular injury.”

Key provisions

Statutory change: Amends and reenacts subsection 2 of NDCC § 39‑08‑01.2 (criminal vehicular injury).

Elements: The offense remains committed when an individual violates § 39‑08‑01 (or an equivalent municipal ordinance) and thereby causes substantial bodily or serious bodily injury to another.

Felony class: The offense is designated a class CB felony.

Mandatory minimum sentences:

For a first conviction under this subsection the court must impose a minimum of “one year and one day” imprisonment.
If the defendant has a prior conviction for § 39‑08‑01 or § 39‑08‑03 (or an equivalent ordinance), the court must impose at least two years’ imprisonment.

Who is affected

Defendants: Persons convicted under NDCC § 39‑08‑01.2(2) for causing substantial or serious bodily injury while operating a vehicle under the influence.

Courts/sentencing: Judges will be required to impose the specified mandatory minimum terms, limiting downward sentencing departures for this offense.

Criminal justice system: Probation, prisons, prosecutors, and defense counsel will be affected through altered plea negotiations and sentencing outcomes.

Victims: Potentially greater certainty of incarceration for offenders who cause injury while driving impaired.

Procedural/timeline status

Filed: December 4, 2024.

Legislative action: Passed both chambers (House vote: 87–3; Senate vote: 43–2). Read third time and passed in March 2025; enrolled and transmitted for executive action.

Notification: Legislative records note “HB1503 is now Act 313” (notification dated March 18, 2025). Filed with the Secretary of State on April 3, 2025.

Potential impacts and considerations

Criminal‑justice impact: Increases incarceration exposure for offenders and likely reduces judicial discretion to impose shorter sentences.

Fiscal impact: Likely increases prison costs (longer mandatory terms), though no fiscal estimate is attached in the bill text provided.

Policy considerations: May affect plea bargaining, recidivism handling, and outcomes for defendants with prior DUI‑related convictions.

Sponsor(s) (as enrolled): Representatives Bolinske, Louser, S. Olson, Richter, D. Ruby, M. Ruby, Wolff; Senators Burckhard and Castaneda.

Bill