All Roll Calls
Yes: 195 • No: 29
North DakotaHB 12062025 Regular SessionHouse
AN ACT to amend and reenact sections 39-08-01.2 and 39-08-01.4 of the North Dakota Century Code, relating to the special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances and to driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor; to provide a penalty; and to provide for application.
Sponsored By: Scott Louser (Republican)
Became Law
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
Harsher penalties for DUI deaths and injuries
If you drive under the influence and cause a death, it is criminal vehicular homicide. It is a class A felony. The judge must give at least 3 years in prison, or at least 10 years with a prior DUI‑related conviction. The law treats the death of an unborn child as a death, unless the mother caused it. If you cause substantial or serious bodily injury, it is a class C felony. The judge must give at least 1 year in prison, or at least 2 years with a prior DUI‑related conviction. Judges cannot suspend these minimums unless that would cause manifest injustice. The court must tell you the minimum sentence before sentencing. You cannot be convicted of both this crime and homicide under the other chapter for the same incident. State law sets how courts decide whether a death or injury was caused.
Tougher DUI penalties with a child passenger
If you are 21 or older and drive under the influence with a minor in your car, it is a class A misdemeanor. If you have a past conviction for this same child‑passenger DUI, it is a class C felony. Sentencing follows the general DUI rules in state law. For a first offense, the judge must order at least 2 days in jail, a $750 fine, a substance abuse evaluation, at least 360 days of unsupervised probation, and at least 360 days in the 24/7 Sobriety Program. For a second or later offense within 15 years, the judge must order at least 1 year and 1 day in jail, a $2,000 fine, a substance abuse evaluation, at least 2 years of supervised probation, and at least 360 days in the 24/7 Sobriety Program. These penalties apply only to charges filed after the law’s effective date.
Sponsors & Cosponsors
Sponsor
Scott Louser
Republican • House
Cosponsors
Macy Bolinske
Republican • House
Karen Karls
Republican • House
Lawrence R. Klemin
Republican • House
Jose L. Castaneda
Republican • Senate
Diane Larson
Republican • Senate
Bob Paulson
Republican • Senate
Roll Call Votes
House vote • 4/2/2025
Second reading, passed, yeas 75 nays 15
Yes: 75 • No: 15
Senate vote • 3/20/2025
Second reading, passed as amended, yeas 45 nays 1
Yes: 45 • No: 1
House vote • 2/7/2025
Second reading, passed, yeas 75 nays 13
Yes: 75 • No: 13
Actions Timeline
Filed with Secretary Of State 04/11
4/14/2025HouseSigned by Governor 04/10
4/11/2025HouseSent to Governor
4/8/2025HouseSigned by Speaker
4/8/2025HouseSigned by President
4/4/2025SenateSecond reading, passed, yeas 75 nays 15
4/2/2025HouseConcurred
4/2/2025HouseReturned to House (12)
3/21/2025HouseSecond reading, passed as amended, yeas 45 nays 1
3/20/2025SenateAmendment adopted, placed on calendar
3/19/2025SenateReported back amended, do pass, amendment placed on calendar 7 0 0
3/18/2025SenateCommittee Hearing 09:00
3/12/2025SenateIntroduced, first reading, referred Judiciary Committee
2/13/2025SenateReceived from House
2/10/2025SenateSecond reading, passed, yeas 75 nays 13
2/7/2025HouseReported back, do pass, place on calendar 9 3 2
2/6/2025HouseCommittee Hearing 09:00
2/6/2025HouseRereferred to Transportation
1/23/2025HouseRequest return from committee
1/23/2025HouseIntroduced, first reading, referred Judiciary Committee
1/10/2025House
Bill Text
Enrollment
HOUSE BILL NO. 1206 with Senate Amendments
INTRODUCED
Prepared by the Legislative Council staff for Representative Louser
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