North Dakota § 39-08-01.5 Partial suspension of sentence for treatment court program, mental health court program, or veterans treatment docket completion

North Dakota Statutes

§ 39-08-01.5 — Partial suspension of sentence for treatment court program, mental health court program, or veterans treatment docket completion

North Dakota § 39-08-01.5

Title 39Motor Vehicles

Ch. 39-08Regulations Governing Operators

This text of North Dakota § 39-08-01.5 (Partial suspension of sentence for treatment court program, mental health court program, or veterans treatment docket completion) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 39-08-01.5 (2026).

Text

court program, or veterans treatment docket completion.

1.Notwithstanding section 39-08-01:

a.All but ten days of the minimum mandatory sentence required for a defendant charged with a third or subsequent violation of section 39-08-01 may be suspended on the condition the defendant successfully completes a treatment court program, mental health court program, or veterans treatment docket approved by the supreme court.

b.If the treatment court determines a defendant participating in a treatment court program has substantially complied with the requirements of the treatment court program, the treatment court may suspend the defendant's electronic alcohol monitoring and sobriety breath testing requirement under the twenty-four seven sobriety program for the six months preceding completion

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court program, or veterans treatment docket completion.
1. Notwithstanding section 39-08-01:
a. All but ten days of the minimum mandatory sentence required for a defendant
charged with a third or subsequent violation of section 39-08-01 may be
suspended on the condition the defendant successfully completes a treatment
court program, mental health court program, or veterans treatment docket
approved by the supreme court.
b. If the treatment court determines a defendant participating in a treatment court
program has substantially complied with the requirements of the treatment court
program, the treatment court may suspend the defendant's electronic alcohol
monitoring and sobriety breath testing requirement under the twenty-four seven
sobriety program for the six months preceding completion of the treatment court
program.
2. Upon successful completion of a treatment court program, mental health court
program, or veterans treatment docket, a defendant convicted of a felony under
section 39-08-01 and sentenced to treatment court, mental health court, or veterans
treatment docket is deemed to have been convicted of a misdemeanor.
3. If a defendant convicted of a misdemeanor under section 39-08-01 is sentenced to
treatment court, mental health court, or veterans treatment docket and successfully
completes a treatment court program, mental health court, or veterans treatment
docket, the court shall dismiss the case and seal the file in accordance with section
12.1-32-07.2. The court also shall issue an order to the director to remove the
conviction and suspension based on the conviction from the driving record of the
defendant, unless doing so is prohibited by title 49, Code of Federal Regulations,
section 383.51, or other federal or state law.