DUI Reference Guide

North Dakota DUI Laws

Drivers in North Dakota who are under the influence of alcohol can be arrested for one of two reasons.  They can be arrested if alcohol and or drugs has impaired their driving ability by making them a less safe driver than they would be had they not been under the influence.  Those who are asked to take a Blood Alcohol Content (BAC) test and who have a level at or above 0.08% can be arrested for the per se law which makes against the law to drive with a BAC at or exceeding 0.08%.

Those who are arrested for DUI can find themselves up against a variety of potential consequences at set forth by both the court case aw well as the administrative license suspension.  Anyone who is suspected of being under the influence can be asked to take a blood alcohol content test. A person might not agree to do so in which case they could have their license revoked.  Lengths of this suspension can be as much as three years or as few as one depending upon the number of times a person has been convicted of DUI before and any other refusals. 

Harsher penalties are in place for people who are convicted of DUI more than one time.  Convictions that occurred more than seven years ago are not considered multiple convictions.  DUI consequences include potential jail time, community service and probation, ignition interlock system requirements as well as fines and evaluations for alcohol or drug problems. 

Administrative License Suspensions can last for only 90 days or so.  However, for multiple offenses and other circumstances a person’s license can be revoked for a few years.  For two offenses or more a person will have their vehicle impounded until the term of their suspension ends.

First time DUI offenders will be evaluated for any alcohol or drug problems and might need to receive treatment if it is necessary.  The fine is usually around $250.  A person will be sentenced to a minimum of five days in jail.  Sometimes community service is used in lieu of this time.  Anyone convicted of a DUI can be mandated to receive help from a treatment program.

Third time offenders can pay fines of $1000.  Prison sentences can include a minimum of 60 days.  On fourth offenses individuals can also pay $100 in fines and be sentenced to 180 days or more in jail.  Those convicted of any offense can and will be evaluated to see if they need to be required to receive treatment for any substance abuse problems. 

Further penalties can be enforced if a person causes an accident resulting in injury if driving while under the influence.  The same is true for people who are caught for driving under the influence and had someone who was less than 21 in the car with them at the time.

Anyone arrested for a DUI will want to consult with a lawyer.  Many lawyers offer free consultations to assist a person in reviewing their case.  An initial consolation provides an individual with the opportunity to learn how knowledgeable a person is in the area of DUI law.  This is the time to find out how much DUI experience that lawyer holds as well as details about the fees that they would charge to handle a DUI case.

A lawyer specializing in DUI will know how chemical testing works. This knowledge is often very useful during a DUI court case.  A skilled attorney will know that a person could test above the legal limit at the time of testing but actually have been driving with a blood alcohol content that was not at or over 0.08%.  This information can sometimes be used to provide doubt as to whether or not the driver was legally intoxicated when operating a vehicle.

In the case of the prosecution working to prove someone was guilty through the testimony of police officers and through the use of field sobriety tests, a lawyer can work to poke holes or create doubts in the validity and accuracy of the field sobriety tests.  A lawyer will also look for any inconsistencies in the statements provided by the officer about any signs that the driver was under the influence.