Summary — North Dakota HB 1206 (2025)
Title: An Act to amend and reenact sections 39‑08‑01.2 and 39‑08‑01.4 of the North Dakota Century Code — special punishment for causing injury or death while operating a vehicle while under the influence and driving under the influence while accompanied by a minor.
Status: Introduced Jan/Nov 2024; passed both chambers (House vote 75–15; Senate 45–1); signed/returned and filed with the Secretary of State April 11, 2025. Section 2 (minor‑accompaniment provisions) applies to criminal charges filed after the bill’s effective date.
Sponsors: Representatives Louser, Bolinske, Karls, Klemin; Senators Larson, Castaneda, Paulson.
Purpose
- Increase criminal penalties and establish mandatory minimum sentences for serious offenses involving driving under the influence (DUI), specifically when the DUI causes death or serious injury, and when a person aged 21+ operates a vehicle under the influence while a minor is present.
Key provisions and changes
1. Criminal vehicular homicide (amending § 39‑08‑01.2(1)):
- Makes causing a death while committing a DUI a Class A felony.
- Mandatory minimum sentence: at least 3 years imprisonment.
- If the defendant has a prior conviction for § 39‑08‑01 or § 39‑08‑03 (or equivalent), mandatory minimum increases to at least 10 years.
- Includes deaths of an unborn child (except if the mother causes the death).
- Prohibits prosecution under this section and chapter 12.1‑16 for the same incident.
Criminal vehicular injury (amending § 39‑08‑01.2(2)):
- Causing substantial/serious bodily injury while committing DUI is a Class C felony.
- Mandatory minimum sentence: at least 1 year imprisonment (increases to at least 2 years for repeat offenders with prior § 39‑08‑01/39‑08‑03 convictions).
Sentencing rules (amending § 39‑08‑01.2(3)):
- Sentences under this section may not be suspended unless the court finds manifest injustice.
- Defendants must be notified of minimum mandatory sentences.
- Elements of the offenses combine DUI elements plus the additional injury/death element; determination of death or serious injury follows § 12.1‑02‑05.
DUI while accompanied by a minor (amending § 39‑08‑01.4):
- It is a Class A misdemeanor for persons 21+ to commit DUI while a minor is accompanying them.
- A prior conviction under § 39‑08‑01.4 elevates subsequent violations to a Class C felony.
- Sentencing must follow subsection 5 of § 39‑08‑01.
- Minimum sentence structure:
- First offense: $750 fine; at least 2 days imprisonment; required substance‑abuse evaluation by a licensed program; at least 360 days unsupervised probation; and at least 360 days participation in the state’s 24/7 sobriety program as a mandatory condition of probation.
- Second or subsequent offense within 15 years: at least 1 year and 1 day imprisonment; $2,000 fine; substance‑abuse evaluation; at least 2 years supervised probation; and at least 360 days participation in the 24/7 sobriety program.
Who is affected
- Individuals charged with DUI offenses that result in death or serious injury.
- Drivers aged 21+ who commit DUI while a minor is present.
- Courts (mandatory minimums, notification, limits on suspension), probation and corrections (increased custodial sentences), addiction treatment providers (required evaluations), and the 24/7 sobriety program (required participation).
- Victims and families, including unborn children (explicitly included in homicide provision, except where mother causes the death).
Procedural/timeline notes
- The bill’s application clause indicates Section 2 (minor‑accompaniment penalties) applies to charges filed after the bill’s effective date. Other provisions lack a special retroactivity clause and presumptively apply going forward.
- Courts must determine causation of death/injury per existing statutory standard (§ 12.1‑02‑05).
- Mandatory minimums may limit judicial discretion to suspend sentences except where manifest injustice is found.
Implications
- Substantially increases mandatory prison exposure for DUI‑related deaths/injuries and strengthens penalties when minors are present.
- Anticipated effects include higher incarceration and probation supervision rates for qualifying offenses, increased demand for substance‑abuse evaluations and compliance monitoring (24/7 sobriety), and potential impacts on prosecutorial charging decisions.
