Law, Immigration (Subsequent Offense) Misdemeanor: Imprisonment for up to 90 days, $500-$1,000 fine, or both and license suspension up to 90 days. Law, Intellectual The governor pardoned 16 individuals under this new program in January 2020, and the Board expects to consider additional grants in the spring. (Second Offense): Imprisonment for between 2 days and 6 months; fine of no more than $500; license suspension increased by 1 year. Civil RightsB. Until 2019, North Dakota had no general authority to seal conviction records, and very limited authority to limit public access even to non-conviction records. See also authority to vacate and expunge juvenile adjudications for prostitution, theft and forgery, and drug possession linked to being victim of human trafficking. What Should be Done Immediately after Suffering a Car Crash Injury? Law Practice, Attorney Any subsequent offense within the same five-year period is a class A misdemeanor. When a person pleads guilty or is found guilty of a first offense regarding possession of one ounceor less of marijuana and a judgment of guilt is entered, a court, upon motion, shall seal the court record of that conviction if the person is not subsequently convicted within two years of a further violation of this chapter and has not been convicted of any other criminal offense. Nevada explicitly makes a misdemeanor subject to up to 364 days incarceration, whereas felony incarceration starts at 365 days. (Subsequent Offenses) $410, or $400 if paid by mail. The Pardon Advisory Board is not an administrative agency as defined under N.D. The term includes a park district but does not include a school district. 12.1-33-05.4. Meanwhile, the maximum fines for traffic misdemeanors and felonies do not exceed $3,000 and $10,000, respectively. Cent. For example, a defendant convicted of a DUI will usually have their drivers license automatically suspended. Presumptive probation means judges must order probation unless they can justify aggravating factors that support sending the offender to jail. (First Offense) Class B Misdemeanor: Imprisonment for at least 90 days; license suspension increased by 6 months. Firearm rights are lost for a ten-year period upon conviction of a felony involving violence or intimidation (dating from release from incarceration or probation), and five years after conviction for a non-violent felony or violent Class A misdemeanor. Each state further categorizes misdemeanors into classes. (Subsequent Offense) Misdemeanor: Imprisonment for no more than 180 days; fine of no less than $500. stream 12-55.1-08. The Senate bill would charge a person with a class B misdemeanor punishable by up to 30 days of imprisonment and a fine of $1,500 for willfully displaying "objectionable materials" in places that minors visit. See also Attorney Generals Opinion, No. There is also a process by which anyone may request access to records where access is prohibited, and the court weighs the same factors as above. The court must notify the prosecutor and any victims, and the prosecutor may stipulat[e] to seal a criminal record without a hearing or more expeditiously than provided in this section. 12-60.1-04(5). This deferral gives the defendant a chance to avoid a conviction record by successfully completing the probation terms. Penalty for a DUI with a minor in the vehicle is up to one year imprisonment and/or a $2,000 fine. This goes on to state that in Class A misdemeanor cases, the jury must consist of 6 jurors, but if the defendant . Code 12.1-32-02(9) (person convicted of a felony and sentenced to imprisonment for not more than one year is deemed to have been convicted of a misdemeanor upon successful completion of the term of probation imposed as part of the sentence). North Dakota's criminal failure to pay sales tax penalty is a Class A misdemeanor. See See, If a court grants a petition to seal a criminal record, the court shall state in the court order that the petitioner is sufficiently rehabilitated but is subject to the provisions of section 12.1-33-02.1 [, on consideration of conviction in licensing. Other crimes might increase from a misdemeanor to a felony based on the circumstances of the crimes, such as the level of harm (bodily versus serious bodily harm), victim (adult versus child victim), or amount of damage. HANDGUN POSSESSION Permit or License Requirements The Pardon Advisory Board is not an administrative agency as defined under N.D. (Second Offense) Class A Misdemeanor: Imprisonment for between 6 months and 1 year. Indecent exposure (Class A misdemeanor): A person commits the crime of indecent exposure if, with intent to arouse or gratify the sexual desire of himself or any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm in any public place or on the private premises Failure to appear is also a felony if the person jumps bail while awaiting sentencing. The law took effect on August 1, 2019. Criminal record in employment & licensingA. jyoung@state.nd.us, Ken Sorenson P. Rule 19(a). Source: North Dakota Pardon Advisory Board. Tennessee sets the maximum for misdemeanor incarceration at 11 months and 29 days. Code 12.1-33-01. Possession of less than 1/2 ounce [14.175 grams] of marijuana is a criminal infraction punishable by a fine of up to $1,000. (Subsequent Offense): Imprisonment for between 7 days and 6 months; fine of $300-$500; potential civil fine of no more than $1,150. 12.1-31-01.2. Under Pardon Advisory Board rules, an applicant must have encountered a significant problem with the consequences of the conviction or sentence (e.g. The federal rule, as amended in 2002, permits a trial by a jury of eleven without a stipulation if the court finds it necessary to excuse a juror after the jury has retired to consider its verdict. The defendant's demand must be in writing and filed with the clerk not later than the time set for making pretrial motions. A class B Misdemeanor applies when the stolen item or service does not exceed $250. North Dakota's penalties for violating gun laws depend on the offense. A pardoned conviction may be used as a predicate offense or to enhance a sentence for a subsequent crime. Many states, as well as the federal government, use a letter system to classify misdemeanors. With that said, the answer also depends on the type of background check . Therefore the punishment for a Class A Misdemeanor is typically close to the maximum of one year in jail. . (First Offense) Class II Misdemeanor: Unable to operate any motor vehicle for 1 year; license revocation for like period. Stalking in the second degree: Class A . (Non-Resident) Class B Misdemeanor: Imprisonment for not more than 6 months, fine of no more than $500, or both. Disorderly conduct at a funeral is a class B misdemeanor. %PDF-1.4 (First Offense) Misdemeanor: Imprisonment for between 2 days and 1 year; possible additional fine of no more than $500. The defendant's demand must be in writing and filed with the clerk not later than the time set for making pretrial motions. Contact OKeeffe OBrien Lyson Attorneys today to discuss your charges, or call701-235-8000or877-235-8002. A new Class A Misdemeanor Assault category was added to increase chances of more severe penalties (most "domestics" were being charged as simple assaults, a Class B misdemeanor). By Mary Sell Alabama Daily News. Bismarck Republican . (N.D. (First Offense) Misdemeanor: Imprisonment for no more than 93 days, a fine of no more than $500, or both. In some states, the information on this website may be considered a lawyer referral service. (Subsequent Offense): Imprisonment for no more than 1 year, $200-$600 fine, or both. If a person faces more than 360 days and up to life behind bars, the penalty becomes a felony. (c) Stipulation for a Smaller Jury. Texas law is also very strict on . Code 12.1-41-12, 12.1-41-14. (Second Offense): Imprisonment for 30 days; $1,000 fine; license suspension increased by 2 years; additional, inapplicable penalties. (B) In other misdemeanor cases, a jury consists of six qualified jurors. In North Dakota, a person charged with a crime faces either a misdemeanor or felony conviction. For example, it will be a Class A Misdemeanor if the damage that occurred was done recklessly and is valued at over $1,000 or if it is done intentionally and valued between $100 and $2,000. Subdivision (d) differs from the federal rule in that it requires only a finding of guilty or not guilty, while the federal rule provides for the court to make specific findings of fact if a party requests. stream If license (suspended), extension of suspension by like period. (Subsequent Offense) Class E Felony: Imprisonment for no more than 4 years. The right to trial by jury is more extensive under North Dakota law than federal law. It does not apply to anyone required by the court to register as a sexually violent offender. Inherent judicial authority to expunge unlawful arrests, dismissals, and acquittals:Under the North Dakota Supreme Courts administrative rules, the public may not access the records ofdeferred impositions of sentences or pretrial diversions resulting in dismissal. In addition, the courtmay upon request limit public internet access to a defendants electronic court record if the charges are dismissed or the defendant is acquitted. ProcessF. Code 12.1-33-01. <> Lea, True or false: If you're registered as a sex offender in, Criminal Law Hire the Best Defense Attorney in North Dakota & Minnesota, Contact OKeeffe OBrien Lyson Attorneys today to discuss your charges. Box 5521 It is important that you have an experienced criminal lawyer representing you if you are charged with a Class A Misdemeanor. 12.1-32-01.1. A second or subsequent violation of this section is a class A misdemeanor. The governor pardoned 16 individuals under this new program in January 2020, and the Board expects to consider additional grants in the spring. See 27-09.1-08(2)(e). d. If conviction of an offense is used in whole or in part as a basis for disqualification of a person, such disqualification shall be in writing and shall specifically state the evidence presented and the reasons for disqualification. Such crimes "wobble" between misdemeanor and felony; when the defendant is sentenced to state prison, the offense is a felony, but when the sentence is to county jail, it becomes a misdemeanor. AuthorityB. A Class A Misdemeanor, also known as a Misdemeanor Class A, is considered the most serious type of misdemeanor in most jurisdictions. (Second Offense) Misdemeanor: $100-$500 fine. (Second Offense) Class A Misdemeanor: Imprisonment for between 90 days and 1 year; license suspension increased by 1 year. If the prosecution contends that the infraction is punishable as a class B misdemeanor, the complaint must specify the offense is a misdemeanor. (Subsequent Offense): Imprisonment for 1 year; $2,000 fine; permanent license revocation; Additional, inapplicable penalties. Juvenile adjudications for prostitution, theft and forgery, and drug possession linked to being victim of human trafficking may be vacated and expunged. February 28, 2023, 12:11 PM . b. Diaz-Villalba died on January 14 and the Gwinnett Medical Examiner's Office concluded this week that the injuries to his head were the cause of death. Code 28-32-01(2)(a) and is not subject to the Administrative Agencies Practice Act. Only two pardons were granted in 2015, and one in both 2014 and 2013. A Class B misdemeanor is punishable. BISMARCK, N.D. (KVRR/KFGO) A North Dakota House committee has given a "do pass" recommendation to a bill designed to prevent kids under 18 from attending drag shows. Class A Misdemeanors are the most serious misdemeanors, and the penalties reflect that. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 1. Code 12.1-32-02, 12.1-32-07.1; 12.1-32-07.2 (2020).). Otherwise the offense is a class B misdemeanor. Gross Misdemeanor: Imprisonment for no more than 364 days, fine of no more than $5,000, or both. Criminal Vehicular Homicide results in up to 20 years imprisonment. In addition to any other punishment imposed, the court may order the number plates of the motor vehicle owned and operated by the offender at the time of the offense to be destroyed by the sheriff. You can learn more about Krista by visiting her Linkedin page. If the plea is withdrawn or the verdict set aside, the clerk of the court must seal the records, with access only available to the clerk; a judge; the juvenile commissioner; probation officers; the defendant and their counsel; and the states attorney. A misdemeanor is less serious than a felony but more so than an infraction. R. 41(6)(a). Person with a Class A, B, or C drivers license: Imprisonment for no more than 6 months, fine of no more than $5,000, or both. Click here. (First Offense) Unclassified Misdemeanor: Fine of no more than $1,000; 500 hours community service. Resisting/Obstructing/Delaying a Law Enforcement Officer. N.D. Login. The attorney listings on this site are paid attorney advertising. Rule 23 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. Cent. For example, a state might define a misdemeanor as any crime punishable by up to a year in jail and then further divide misdemeanors into classes or levels. The execution of sentence may not be suspended or the imposition of sentence deferred under subsection 3 or 4 of section 12.1-32-02. 2023 by National Conference of State Legislatures, Autonomous Vehicles State Bill Tracking Database. P.O. (N.D. Ct. Admin. The court must notify the prosecutor and any victims, and the prosecutor may stipulat[e] to seal a criminal record without a hearing or more expeditiously than provided in this section. 12-60.1-04(5). Rule 23 differs from the federal rule in that the federal rule permits only a written waiver of jury trial. Having a misdemeanor conviction can make it difficult to find a job, obtain housing, apply for loans, or qualify for a professional license. Some states have specific first-time offender programs that serve to divert defendants convicted of their first offense from jail. This article will discuss the penalties, sentencing, and expungement options for North Dakota misdemeanors. Maximum Penalty: 365 days of imprisonment, a $3,000 fine, or both. There are two types of misdemeanors under North Dakota law: Class A misdemeanors and Class B misdemeanors. (Fourth or Subsequent Offenses) Felony: Imprisonment for 1-5 years; possible addition fine of $2,500-$5,000. Reinstatement fees of: (First Offense): $210, or $200 if paid by mail. Loss & restoration of civil/firearms rights, C. Sealing for deferred imposition of sentence (deferred adjudication), IV. (Second Offense): Imprisonment for no more than 60 days, $600 fine, or both. For instance, the statute might provide that a person who commits simple assault is guilty of a misdemeanor punishable by up to 180 days in jail and a $2,500 fine, but the person who commits a domestic assault is guilty of a misdemeanor punishable by up to a year in jail and a $5,000 fine. Copyright NDDOT - All Rights Reserved. (Second or Third Offenses) High and Aggravated Misdemeanor: Imprisonment for between 10 days and 1 year; possible additional fine of $1,000-$2,500. (N.D. In 2021 the waiting periods were relaxed to run from the date of guilty plea or finding and to require no new conviction (as opposed to no new charge) during that time. 12.1-32-07.1. Under a law passed in 2011, a person with a felony offense subject to the five-year bar may petition the court in his county of residence for restoration of firearms rights. the 2019 program on marijuana possession convictions, which require a 5-year conviction-free period. North Dakota law provides procedures by which a minor state felony conviction may be reduced to a misdemeanor after service of sentence. The information provided in this research guide is intended as a starting point for your research into expungement of North Dakota criminal records. Simple Misdemeanor: $250-$1,500 fine; license suspension increased for an additional like period or for one year, whichever is shorter. Pardon policy & practiceA. (Subsequent Offense): Imprisonment for 10 days; $1,000 fine. In California, all such offenses start out as presumed felonies, unless the prosecutor charges them as misdemeanors. Up to 90% of the sentence can be served under house arrest. If the court concludes, after conducting the balancing analysis and making findings, that the interest of justice will be served, it may prohibit public internet access to an individual defendants electronic court record in a criminal case, and the search result for the records must display the words Internet Access Prohibited under N.D.Sup.Ct. However, the judge can extend the probation term upon a violation. LegalMatch Call You Recently? %PDF-1.4 My question involves criminal records for the state of: North Dakota I recently got in trouble with a hit and run and falsely writing a statement in April 2012. A misdemeanor is less serious than a felony but more so than an infraction. Federal Class B - Offenses punishable by one to six months in jail. (Subsequent Offense): Driver ineligible to be issued a drivers license for a period of three years. Defendants found guilty of Class A Misdemeanors are typically sentenced to between six months and one year in a local jail. An expunged misdemeanor will not show up on a background check, and you'll be able to legally mark "never arrested or convicted" on any application once your expungement is complete. When the injuries aren't clearly in one or the other category, the prosecutor will choose which level to charge. Page No. Under a law passed in 2011, a person with a felony offense subject to the five-year bar may petition the court in his county of residence for restoration of firearms rights. ksorenso@state.nd.us. Cent. See North Dakota Code 1-01-49 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Cent. the 2019 program on marijuana possession convictions, which require a 5-year conviction-free period. In order to have the best chance of getting your record expunged you need to have completed all requirements imposed by the court. The law does not apply to the department of corrections or to a public employer that has a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employees criminal history during the hiring process.The term public employer means the state or a county or city government, or an instrumentality or agency of the state or of a county or city government. Misdemeanor: Imprisonment for between 2 days and 6 months; possible fine of not more than $500. Present Expungement, sealing & other record reliefA. Estate There is no appeal from a denial of relief from a district court (denial by a municipal court may be appealed to the district court) and if denied a person must wait three years to reapply. https://www.docr.nd.gov/parole-pardon-boards. Offenses punishable by a fine only (up to $1,000) fall under the classification of infraction. Attorney's Note If convicted of driving with a suspended license under this 39-06-42, the driver's suspension can be increased up to a year, depending on the circumstance under the very next section, 30-06-43. An experienced attorney will advise and assist you throughout the process and make sure your interests are represented. See also 12-60.1-04(9): If a court grants a petition to seal a criminal record, the court shall state in the court order that the petitioner is sufficiently rehabilitated but is subject to the provisions of section 12.1-33-02.1 [on consideration of conviction in licensing], and shall release the information when an entity has a statutory obligation to conduct a criminal history background check. The Pardon Advisory Board meets twice a year to consider cases, and applications must be filed at least 90 days in advance. After a guilty plea, [a] court, upon application or its own motion, may defer imposition of sentence and place a person on probation. ), North Dakota law provides enhanced felony penalties for certain offenses where the offender has prior misdemeanor convictions. Incarceration of not more . While a misdemeanor carries less serious penalties than a felony, a misdemeanor conviction can still have serious, negative consequences. Slip & fall injuries can cause pretty some serious injuries that require hospitalization & extensive care. Class 2 misdemeanor. Persons convicted under federal law or the laws of another state are ineligible for a state pardon. (Second Offense): Imprisonment for between 20 days and 1 year; fine of no more than $1,000; license suspension increased by 1 year. Imprisonment for no more than 1 year, fine of no more than $2,500, or both. Misdemeanor: $100-$500 fine; additional fine of $50; imprisonment for no more than 180 days; immediate vehicle impoundment; possible license suspension increase by 6 months. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (Second Offense): License suspension increased by 2 years. In all states and under the federal criminal code, a misdemeanor is a crime punishable by incarceration and, sometimes, a fine. Loss & restoration of civil/firearms rightsA. (Subsequent Offense): Imprisonment for between 10 days and 1 year; $500-$2000 fine. (B) In other misdemeanor cases, a jury consists of six qualified jurors. A third offense conviction carries the following fines and penalties: Jail time: A third offense conviction will result in 120 days to 1 year in jail. ], and shall release the information when an entity has a statutory obligation to conduct a criminal history background check. Ordinarily a pardon relieves collateral legal penalties, but it does not expunge conviction. Attorney's Note See N.D. Const. The information provided in this research A repeat offender faces a class A misdemeanor, as does a first-time offender who inflicts substantial bodily harm on another. Cent. North Dakota Pardon Information, Pardon411.com, http://www.pardon411.com/wiki/North_Dakota_Pardon_Information (last visited July 20, 2013). Class B Misdemeanor - up to six months in jail; a fine not to exceed one thousand dollars. updated Sep 19, 2022. (Second Offense) $310, or $300 if paid by mail. Subdivision (c) does not follow the federal rule in this respect because the North Dakota Constitution, art. (First Offense) Violation: $250-$500 fine. See N.D. Sup. Misdemeanor: Imprisonment for no more than 90 days, fine of no more than $1,000, or both. The Board reviews about 50 pardon applications each year, but the governors have pardoned very few individuals in recent years. Cent. Easier to Get Into Educational Programs: Over half of all . AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareD.C.FloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming. (N.D. https://bismarcktribune.com/news/local/crime-and-courts/north-dakota-pardon-advisory-board-still-seeking-more-applicants-under/article_7fa40ea7-5355-50a4-aaa4-9dcff9551fc3.html. Misdemeanor: Imprisonment for between 48 hours and 6 months; $200-$500 fine; license suspension increased by 6 months. Once destroyed, a record is treated as if it never existed. The governors office follows up by sending a letter notifying the applicant of the governors decision. California judges can reduce a felony conviction for a wobbler offense to a misdemeanor at sentencing; in some states, courts can reduce the conviction to a misdemeanor when the defendant successfully completes probation. (Fourth or Subsequent Offense) Class I Misdemeanor: Unable to operate any motor vehicle for 2 year; license revocation for like period. Cent. e. A person desiring to appeal from a final decision by any state agency, board, commission, or department shall follow the procedure provided by the chapter of this code regulating the specific occupation, trade, or profession. You could be facing some serious consequences as a result, including loss of a job or receiving a criminal record, but you can trustTatum OBrienof OKeeffe OBrien Lyson Attorneys to help guide you through the process. Minnesota moves to crack down on catalytic converter thefts. Class A Misdemeanor Maximum Penalty: 365 days of imprisonment, a $3,000 fine, or both. Submit your case to start resolving your legal issue. (Subsequent Offense) Class A Nonperson Misdemeanor: Imprisonment without eligibility for parole until completion of 5 days; fine of at least $100. }f`Yw\:wiAl60 X^[^A2~RWHOiL_C9Bf'Qpx"](S^;bS"luq1ia@b*H{k"TGM*8Q-uZq|l6MnBp3-2 El $ JFunV~+K;;9 may upon request limit public internet access to a defendants electronic court record if the charges are dismissed or the defendant is acquitted. The court must determine by clear and convincing evidence that the individual has successfully completed all terms of his sentence and paid all fines, and that [t]he individuals record and reputation are such that the individual is not likely to act in a manner dangerous to the safety of others. Id. Class C felony: Up to 5 years imprisonment and up to a $10,000 fine. I, 13, provides that "A person accused of a crime for which he may be confined for a period of more than one year has the right of trial by a jury of twelve [and] the legislative assembly may determine the size of the jury for all other cases, provided that the jury consists of at least six members.". Criminal Vehicular Injury results in up to five years imprisonment. The rights to vote and to hold public office are lost upon conviction of a felony and sentencing to imprisonment during the term of actual incarceration. N.D. *'!J.$rm, ;QpgMF\ F&(zBLa)Cf'M+ YB1 P. Rule 19(d). General executive branch restrictions on access to non-conviction records: The Bureau of Criminal History Information may not disclose to the public non-conviction records that are more than three years old. The 2021 amendments to the law described above modified this three-year waiting period, making it dependent on the courts finding good cause to require a waiting period, and requiring the court to state its reasons. North Dakota 39-06-42 12.1-32-01 (First, Second or Third Offense) Class B Misdemeanor: Imprisonment for no more than 30 days, $1,500 fine, or both. A criminal lawyer can help you understand the charges against you and advise you regarding any plea bargains that the prosecution might offer. Juv. Being found guilty of indecent exposure might lead to a defendant being included in a sex offender registry. Some crimes that would qualify as a Class A Misdemeanor in North Dakota are: Failure to report or control a dangerous fire Possession of marijuana paraphernalia Ingesting a controlled substance Class B Misdemeanor Misdemeanor: Imprisonment for no more than 6 months, a fine of no more than $1,000, or both. Contact NDDOT, $500 fine if below .16 blood alcohol concentration (BAC), Two days imprisonment and $750 fine if BAC .16 or greater, 360 days' participation in the 24/7 program, Two year suspension if .18 BAC or greater, Three year suspension if .18 BAC or greater, One year and one day imprisonment and $2,000 fine, Two years' participation in 24/7 program, Problems maintaining proper lane position. Common examples of misdemeanor crimes include simple assault, shoplifting, trespassing, disorderly conduct, petty theft, and other low-level offenses. A domestic violence conviction could mean losing the right to own a firearm. Class A Misdemeanor Theft in North Dakota For alleged theft of property or services valued between $250 and $500, you can be charged with a class A misdemeanor. Here, a class C misdemeanor might max out at 90 days' jail time, class B misdemeanors go up to 180 days in jail, and class A misdemeanors carry the potential for a year in jail. Anyone convicted of a felony involving violence or intimidation must wait at least 10 years (the period in which the person may not possess a firearm under N.D. Janice Young (1) Felony Cases. Cent. There are no general eligibility requirements for people with North Dakota offenses. N.D. North Dakota law classifies misdemeanor penalties as follows: If a misdemeanor offense doesn't specify a classification in law, it defaults to a class A misdemeanor. N.D. R. Crim. This can open up the doors to higher paying jobs and lucrative careers in a variety of industries. (First Offense) Misdemeanor: Imprisonment for no more than 30 days, $200-$500 fine, or both. They are typically punishable by less than one year in jail (not prison) and/or a fine of a certain amount, depending on the jurisdiction. (Subsequent Offense) Misdemeanor: Imprisonment for no more than 2 years, fine of no more than $1,000, or both; possible license suspension increased by no more than 18 months if second offense, no more than 2 years for subsequent offenses. Ct. Admin. art. DUI - .08% or greater-Intoxicating liquor-2nd offense in 7 years (Class B misdemeanor) Cole Gene Hanenbeg, 26, Burlington, 10 days in the Ward County Jail, credit for 1 day served, 9 days to be . Cancellation of vehicles registration plates. A city may authorize, by ordinance, its municipal judge to order destruction of motor vehicle number plates by the office of the police officer that made the arrest in the manner provided in subsection 4.