Section 39-08-22 - Nonpayment for motor fuels - Penalty1. 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; andb. 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.