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A Death or Injury Behind the Wheel

N.D.C.C. § 39-08-01.2 — causing a death while impaired is a class A felony, with at least three years

OffenseGradeMinimum imprisonment
OffenseCausing a death while driving impairedGradeClass A felonyMinimum imprisonmentThree years, or ten after a prior impaired or reckless driving conviction
OffenseCausing substantial or serious bodily injury while driving impairedGradeClass B felonyMinimum imprisonmentOne year and one day, or two years after a prior
  • N.D.C.C. § 39-08-01.2
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Negligently causing another person's death, impaired or not, is negligent homicide, a class C felony, up to five years and $10,000. Someone cannot be found guilty of both criminal vehicular homicide and a homicide offense from the same incident.

  • N.D.C.C. § 12.1-16-03
  • N.D.C.C. § 12.1-32-01
  • N.D.C.C. § 39-08-01.2
Sources for this section (3)
  1. N.D.C.C. § 39-08-01.2 — Special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances - Penalty
  2. N.D.C.C. § 12.1-16-03 — Negligent homicide
  3. N.D.C.C. § 12.1-32-01 — Classification of offenses - Penalties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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