North Dakota DUI Attorney

By: Michael Tasner

North Dakota DUI Law

North Dakota law makes it illegal for anyone to operate a motor vehicle while under the influence of alcohol or drugs. This means that you will face criminal charges if you are found to be driving under the influence in the state of North Dakota. These criminal charges can lead to penalties such as jail time, fines, and driver’s license suspension periods. These penalties can make it difficult for an individual to carry out their normal daily activities. Jobs can be lost because of a lack of transportation, school courses can be left incomplete, and you can suffer from a damaged reputation due to these criminal charges. If you want to have a chance of defending yourself against these charges, it is important that you contact a North Dakota DUI attorney as soon as possible after your arrest. Getting advice from a qualified North Dakota DUI lawyer can help you to preserve your rights and have the best possible chance of having a successful outcome.

North Dakota DUI Arrests

If you are arrested for a DUI offense in North Dakota, you will face serious penalties including fines, jail time, and license suspension. North Dakota is one of the states where a DUI arrest will result in two separate cases against you. One is a criminal case where you will face criminal DWUI charges and a prosecutor will try to prove that you were guilty of driving under the influence. The second is an administrative case within the driver licensing agency for North Dakota. When you are arrested for a DUI offense in North Dakota, you will be prosecuted under one of two theories. The first is a traditional or common law theory of driving under the influence. In this type of case, the prosecutor will try to show that you were impaired as a result of consuming alcohol prior to driving. The prosecutor will try to show your level of impairment by introducing evidence such as your driving patterns, any accidents you caused, field sobriety test results, and information about your appearance at the time of your arrest. You can also be charged with DUI if you submit to a chemical test that yields a result of a 0.08% or greater blood alcohol concentration. In this type of case, the prosecutor does not introduce any information about impairment. The prosecutor simply must prove that you were operating a vehicle while you had an unlawful blood alcohol concentration level. Having a qualified North Dakota DUI lawyer on your team can help you to defend yourself against serious DUI charges and keep your driving privileges intact.

DUI with Test Refusal

Just because you refused to take a chemical test does not mean that you cannot be charged with and successfully prosecuted for driving under the influence. The prosecutor will introduce this evidence in your criminal trial to try to cast doubt about your innocence. Their interpretation of your refusal will be that you refused chemical testing because you knew it was possible you would fail due to your consumption of alcohol. A skilled North Dakota DUI attorney will know how to refute this consciousness of guilt claim and help you improve your chances of winning your case. If you have refused chemical testing, you will face additional license suspension and possible other penalties.

Enforcing North Dakota DUI Laws

North Dakota has recently stepped up its efforts to enforce the DUI laws within the state. There are now more sobriety checkpoints throughout the state and there are also public campaigns that have been developed to raise awareness of field sobriety testing procedures, preliminary breath screening, and videotaping.

North Dakota DUI Criminal Penalties

In North Carolina, there is a look-back period of 7 years when a DUI case is involved. This means that if you have a prior offense less than 7 years before your most recent offense, the most recent offense will be charged as a second or subsequent offense. If your most recent offense occurred more than 7 years after a prior conviction, you will be charged as a first-time offender. For a first offense, you will face a minimum fine of $250 and a license suspension period of 91 days. If your blood alcohol level exceeded 0.17%, the license suspension period is 180 days. Second offenses will result in a $500 minimum fine, five days in jail or thirty days of community service, participation in alcohol programs, and a license suspension period of one year (two years for BAL exceeding 0.17%). A third offense within a 5 year period will result in a $1,000 minimum fine, 60 days of jail time, alcohol counseling, and a license suspension period of two years (three years for a BAL exceeding 0.17%). A fourth offense results in a fine of $1,000, license suspension of two years (three years for a BAL exceeding 0.17%), alcohol addiction treatment and 180 days in jail. You may also be required to install an ignition interlock device in any vehicle you own. This is done at your own expense and you must also pay monthly maintenance costs. Having a skilled North Dakota DUI attorney on your team can help to minimize the penalties imposed on you by the court so that you can put your conviction behind you and move on with your life.

North Dakota DUI Administrative Penalties

DUI offenses will also result in administrative suspension action by the driver licensing agency in North Dakota. The license suspension period starts at 91 days and increases with the number of offenses you have committed. Because losing your license can have dire consequences, it is important that you have a qualified North Dakota DUI lawyer to represent you in your case.