39-08-01.2. Special punishment for causing injury or death while operating a vehicle
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/nd/title-39/chapter-39-08-regulations-governing-operators/39-08-01-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
while under the influence of alcohol or any other drugs or substances - Penalty.
1. An individual is guilty of criminal vehicular homicide if the individual commits an
offense under section 39-08-01 or equivalent ordinance and as a result the individual
causes a death of another individual to occur, including the death of an unborn child,
unless the individual who causes the death of the unborn child is the mother. A
violation of this subsection is a class A felony. If an individual commits a violation under
this subsection, the court shall impose at least three years' imprisonment. If the
individual violates this section after having been previously convicted of a violation of
section 39-08-01 or 39-08-03, or equivalent ordinance, the court shall impose at least
ten years' imprisonment. An individual may not be prosecuted and found guilty of this
and an offense under chapter 12.1-16 if the conduct arises out of the same incident.
2. An individual is guilty of criminal vehicular injury if the individual violates section
39-08-01 or an equivalent ordinance and as a result that individual causes substantial
bodily or serious bodily injury to another individual. Violation of this subsection is a
class B felony. If an individual violates this subsection, the court shall impose at least
one year and one day's imprisonment. If the individual violates this section after having
been previously convicted of a violation of section 39-08-01 or 39-08-03 or an
equivalent ordinance, the court shall impose at least two years' imprisonment.
3. The sentence under this section may not be suspended unless the court finds that
manifest injustice would result from the imposition of the sentence. Before a sentence
under this section applies, a defendant must be notified of the minimum mandatory
sentence. The elements of an offense under this section are the elements of an
offense for a violation of section 39-08-01 and the additional elements that create an
offense in each subsection of this section. Whether an individual caused death or
substantial or serious bodily injury must be determined in accordance with section
12.1-02-05.