§ 39-08-22 — Nonpayment for motor fuels - Penalty

1. For a theft offense in violation of chapter 12.1-23 which involves a person who leaves
the premises of an establishment at which motor fuel is offered for retail sale after
motor fuel was dispensed into the fuel tank of a motor vehicle that that person drove
away without having made due payment or authorized charge for the motor fuel
dispensed, the court may:
a. Upon a person's second conviction, order the suspension of the person's driving
privileges for up to three months; and
b. Upon a person's third or subsequent conviction, order the suspension of the
person's driving privileges for up to six months.
2. As used in this section, "conviction" means a final conviction without regard to whether
sentence was suspended or deferred or probation was granted after the conviction.
Forfeiture of bail, bond, or collateral deposited to secure a defendant's appearance in
court, which forfeiture has not been vacated, is equivalent to conviction.