North Dakota has an implied consent law under which you agree to submit to breath, blood or chemical tests to determine alcohol or intoxicating substances in your system. A refusal to take the test will result in an automatic suspension of your license for an extended period of time, over and above the normal period if you had agreed to the test. The state will also consider your refusal a presumption of guilt and will prosecute on this evidence. An attorney experienced in DUI defense will be able to fight this in the state’s case against you. A DUI is considered a criminal offense in North Dakota and should be taken seriously. If you are facing a drunk driving charge, you are probably feeling frightened, stressed out, and a little angry, wondering what you’re up against. The laws are complex and difficult to understand for the average person, so much so that the defense of DUI has evolved into a specialized field of practice by attorneys across the country. They are familiar with details of the laws and the science associated with defending against them. Each year there are over 5,000 people arrested in North Dakota for DUI offenses, and many of them settle for having their neighbor or brother-in-law attorney represent them in court. It is in your best interest to reach out to a local North Dakota DUI attorney for a free consultation on your case. The sooner you find appropriate legal representation, the quicker your defense can begin.
The law in North Dakota states that it is illegal to operate a vehicle while under the influence of alcohol, drugs or both, to the degree that your driving is impaired causing an unsafe condition. There are two ways the state can approach your prosecution. The first is under North Dakota’s per se law which dictates an automatic arrest for driving with a BAC (blood alcohol content) of .08 or higher. Note that this particular charge has nothing to do with your actual driving. You can actually be arrested while parked. The state can consider you in control of the vehicle if you’re behind the wheel, in possession of the keys, there’s a warm hood on the vehicle, and even visible tire tracks leading to the vehicle. The second way you can be charged has nothing at all to do with BAC Instead the state will use observations of your driving, red eyes, a disheveled appearance, fumbling to present your license and registration, your speaking, and field sobriety tests to arrest you.
An arrest will initiate two cases against you, one being a civil case dealing with your license suspension, reinstatement, points against your license and associated fees. This must be addressed right away, as you only have 10 days after your arrest to request an administrative hearing to contest your license suspension. Failure to do so will result in an automatic suspension of your license with no further recourse available. A test refusal will extend the time of your suspension. The other case will run simultaneously and is a criminal case to be tried in court. The court case will determine penalties including fines and fees, remedial alcohol assessment programs and jail time.
A conviction will remain a part of your record forever, and your driving history can be shared with other states, so that a conviction in one state counts as a prior conviction in all states. Don’t take a chance with your future. You should contact a local North Dakota DUI lawyer as soon as possible for a free consultation. Get advice today.
If you are arrested outside your home state, be sure to ask your attorney how this law will impact you.
• Fines – minimum $250 plus court costs
• License Suspension – up to 180 days; reinstatement fee $100
• Education – at discretion of the court, an alcohol assessment at your expense
• Insurance – SR22 high-risk driver insurance required; necessary before license reinstatement
ADDITIONAL COSTS AND CONSEQUENCES
• Bail – set by the court, required for release
• Towing – tow fee $75 to $100 plus additional fee for daily storage
• Insurance – you will be designated as a high risk driver and your insurance will increase significantly. Expect your rates to double or more.
• Record – DUI conviction will remain on driving record permanently
• Employment – offender may lose time off work and possibly even their job.
• Immigration and travel – restrictions can apply for foreign travel, including Canada
Additional offenses and considerations will bring significantly higher penalties including up to 5 years in prison and $5,000 in fines. Don’t take a chance with your freedom. It is highly recommended that you contact a qualified DUI attorney right away for a FREE CONSULTATION on your case. our case CAN be won with the right representation.