North Dakota DUI Help
North Dakota DUI Help | North Dakota DUI Lawyers | North Dakota DUI | North Dakota DUI Laws | DUI Attorney North Dakota
Dakota is the Sioux Indian word for "friend". The North Dakota Department of Transportation, (NKDOT) Motor Vehicle Division (MVD), placed the motto “Peace Garden State” on its license plates. But get caught for a North Dakota DUI (driving under the influence) and the results are not going to be friendly, or peaceful.
North Dakota’s DUI ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘impaired’.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint, solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a North Dakota DUI, even though you are not “legally drunk”.
You should note that you have the right to a second BAC test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your North Dakota DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding the privacy of medical records.
After being charged with a North Dakota DUI you’re going to face two adversaries: the criminal courts, and the North Dakota Department of Transportation, Motor Vehicle Division. These two separate cases: a pre-conviction administrative driver's license suspension, as well as a criminal defense can result in a full array of North Dakota drunk driving consequences. Some of the penalties may seem similar, but they are imposed separately (although most of the time they run concurrently (at the same time).
If your license was suspended or revoked because of a DUI, you will be offered a formal MVD hearing. The hearing may be a crucial opportunity to let your North Dakota DUI defense attorney cross-examine, rebut testimony, and confront evidence offered by those involved in your arrest and investigation.
Administrative suspension or revocation of a driver's license is usually carried out by the Motor Vehicle Division, distinct from any criminal court penalties. You have to make a timely request for an administrative hearing with the MVD to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. MVD sanctions can also be imposed even if you are found not guilty in a criminal court case.
Be advised that North Dakota has an out-of-state Driver’s License Compact Agreement. This means that a North Dakota DUI conviction will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local North Dakota DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a North Dakota DUI specialist. In any case, when you are stopped and arrested for suspicion of a North Dakota DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a North Dakota DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a North Dakota DUI lawyer, which is your right. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
I’m Simply Going To Plead Guilty, Why Do I Need A North Dakota DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and North Dakota drunk driving laws should be taken very seriously. North Dakota DUI convictions and penalties can be long lasting and severe, both in court and with the North Dakota Department of Transportation, Motor Vehicle Division, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby possibly mitigating your penalties. A North Dakota DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a North Dakota DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A North Dakota DUI Defense Attorney Going To Cost?
One of the biggest concerns for anyone charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a North Dakota DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance in establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
It is next to impossible to plea bargain a North Dakota drunk driving charge without an experienced North Dakota DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced North Dakota DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a North Dakota DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran North Dakota DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the North Dakota MVD and the Criminal Courts Double Jeopardy?
Like most states, North Dakota law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. North Dakota MVD administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that North Dakota and most states have an out-of-state Driver’s License Compact Agreement, meaning that North Dakota DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local North Dakota DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What is a “Look Back Period”?
The time a judge can look back into your driving record to determine past convictions and use this to increase present penalties. In North Dakota it is 7 years.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous North Dakota administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program and have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Can I get A Hardship License?
Yes, after a 30 waiting period following your 1st DUI.
What About Enhanced Punishments For Multiple North Dakota DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, BAC of .15% or higher, the presence of a child in the car, speeding, reckless driving, an elevated BAC level, and causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for North Dakota multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a of loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced North Dakota DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– North Dakota DUI Penalties –
1st Offense
No charges within the last 7 years.
Class B misdemeanor.
Minimum fine of $250 to maximum fine of $1,000.
91 days loss of license on a first offense with a BAC of between .08% and .17%, and 180 days for a BAC .18% or higher.
Reinstatement Fee: $50
Order for addiction evaluation by a licensed addiction treatment program.
2nd Offense (Within 5 Years)
Class B misdemeanor.
$500 minimum fine.
5 days minimum in prison, 48 hours of which must be served consecutively.
In lieu of jail time the court may impose 30 days of community service.
1 year license suspension BAC of .17%
2 years license suspension BAC.18% or greater.
Mandatory addiction evaluation by a licensed addiction treatment program.
Not eligible for restricted license.
3rd Offense Within 5 Years
Class A misdemeanor.
60 days in jail, 2 of which must be served consecutively.
BAC of .17%: 2 years license suspension.
BAC of .18%: 3 years license suspension.
$1,000 fine.
Mandatory addiction evaluation by a licensed addiction treatment program
4th Offense Within 7 Years
Class A misdemeanor.
180 days in jail.
$1,000 minimum fine.
Mandatory addiction evaluation by a licensed addiction treatment program
Driving privileges restored after completion of addiction treatment and no further alcohol-related offenses for at least 2 years.
Possible order for installation of Ignition Interlock device on vehicle.
5th & Subsequent Offenses (Within 7 Years)
Class C felony.
$1,000 to $5,000 fine.
Mandatory addiction evaluation and substance abuse program.
180 days up to 5 years in jail.
Installation of Ignition Interlock device on vehicle.
Limited Driver’s License
Allowed only after 1st offense.
Eligible after 30 days license suspension
Restricted to use for court appearances, substance abuse meetings or work.
Refusal of BAC Test
Driver’s license immediately seized by the arresting officer.
91 days to 1 year loss of license.
May be set aside after 1st offense.
2nd offense: 1 year loss of license.
3rd offense: 2 years loss of license.
3 years loss of license when it has been suspended within 5 years.
4 years loss of license when it has been suspended 2 times in the last 5 years.
Penalties for refusing a BAC test can be imposed even if you haven’t been drinking.
Plate Impoundment
The court will order the impoundment of the license plates of all vehicles owned and operated by the offender after a 2nd offense if there are subsequent offenses in a 5 year period,
Vehicle Impound
Possible on 2nd and subsequent offenses.
Underage DUI
1st offense 6 months loss of license.
All of the penalties listed above apply to underage drivers.
Commercial Driver’s License
1st offense loss of license 1 year.
3 year loss of license if hauling hazardous material.
3rd offense permanent loss of license.
– NDOT MVD Administrative Penalties –
1st Offense
91 days loss of license.
Possible substance abuse evaluation and treatment.
Possible ignition interlock.
2nd Offense
1 year loss of license
Substance abuse evaluation and treatment.
Ignition interlock.
Possible vehicle confiscation.
3rd Offense
2 year loss of license.
Substance abuse evaluation and treatment.
Ignition interlock.
Possible vehicle confiscation.
Underage DUI
1st offense 6 months loss of license.
All of the penalties listed above apply to underage drivers.
Commercial Driver’s License
1st offense loss of license 1 year.
3 year loss of license if hauling hazardous material.
3rd offense permanent disqualification.
BAC Refusal
6 months to 1 year loss of license.
Substance abuse evaluation and treatment.
Loss of license possible even if you have not been drinking.
– Disclaimer –
Only skilled and licensed North Dakota DUI specialists should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited North Dakota DUI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and North Dakota DUI litigation takes experience. Please let us refer you to a seasoned North Dakota DUI professional.
– Citation –
North Dakota Department of Transportation – Motor Vehicle Division
608 East Boulevard
Bismarck, ND 58505-0780
(701)328-2725
ND Code Chapter 39-08 scroll to 39-08-01
39-08-01.4.
39-08-01.4.
39-08-18.
