Can You Get a DUI on a Bicycle?
Bicyclists riding under the influence can face legal consequences if their actions injure others or damage property. Summary In North Dakota, bicycling while intoxicated by alcohol used to be punishable similarly to a DUI any driver would face, but the enactment of HB 1506 into law changed that. Driving under the influence while on a bike is still a punishable offense. It carries up to a $200 fine. Drunk bicyclists may potentially face additional criminal offenses for their actions, which may necessitate them hiring a criminal defense attorney to defend them in court. In a scenario where you anticipate getting drunk, like a party or dinner with friends, you may be planning to take your bike to get home safely. While this allows you to avoid getting behind the wheel of a car if you don't have a designated driver, bicycling while drunk can still result in serious injuries. Another factor to consider is the potential legal ramifications. If you're trying to be responsible, you may search to find out, "Can you get a DUI on a bicycle?" The legal repercussions of causing harm while biking under the influence have lessened in recent years, but you should still take them...
Holiday DUIs: 6 Steps to Take After Being Pulled Over
There’s never a good time to be pulled over for DUI, of course, but to have this happen during the holiday season is even worse. Instead of this being the best time of the year, it will suddenly be filled with stress and worry. A DUI conviction has serious consequences. You could be looking at significant jail time and fines, and you’ll probably have to have an ignition interlock device attached to your vehicle. You’ll also face the suspension of your license for an extended period. At Sand Law, our attorneys have a lot of experience helping people who have been accused of driving under the influence. We will make sure your rights are protected at all times, and guide you through the process of what happens after a DUI arrest. If you would like a free review of your case, please give us a call at 701-609-1510 or contact us online. Here’s a look at why more people tend to be pulled over during the holiday season, as well as six things you should do if you are pulled over for suspicion of DUI. Are More People Pulled Over for Suspected DUI Around the Holidays? From 2010-2018, drunk driving...
Steps to Take if You’re Pulled Over for Drunk Driving on St. Patrick’s Day
Understanding your rights is crucial in a St. Patrick's Day DUI stop. Summary St. Patrick's Day celebrations often see a rise in drunk driving and police activity, so it’s a good idea to know what steps to take if you’re pulled over for drunk driving on St. Patrick’s Day. DUI penalties in North Dakota include fines, license suspension, jail time, and higher insurance rates. If pulled over for DUI, you have the right to remain silent and refuse field sobriety tests. Breathalyzer tests are mandatory, and refusal leads to automatic license suspension. An experienced DUI attorney can help navigate the legal process and potentially minimize the impact of a St. Patrick's Day DUI charge. St. Patrick's Day is a time for celebration, filled with parties and parades, traditional Irish fare, and of course, a good pint of Guinness. However, these festivities often come with a rise in drunk driving incidents, along with increased police activity on the roads. Driving under the influence is a serious criminal offense that can carry some heavy consequences. If you find yourself pulled over on suspicion of drunk driving this St. Patrick's Day, it's crucial to know your rights and take the necessary steps to...
Understanding Search and Seizure Laws: What Every Citizen Should Know
Summary Search and seizure laws exist to protect citizens from abuses of law enforcement power. To search your property or person, law enforcement must first obtain a search warrant. There are some circumstances in which law enforcement doesn’t need a search warrant, but the requirements are very strict. If your rights have been violated, an experienced criminal defense attorney can help protect you. For centuries, American law has protected citizens from unlawful search and seizure. The police and other authorities have limits on their power to search people, search their property, and seize their possessions. Knowing your rights when it comes to searches and seizures is crucial for protecting yourself in interactions with law enforcement. If your rights have been violated during a search, you don’t have to face it alone. The team at Sand Law can help you defend your rights and obtain justice. Our criminal defense attorneys have the background and means to represent your case. You can schedule a free consultation by calling (701) 394-3715 or contacting us online. What is Search and Seizure? During the investigation of a crime or suspected crime, police may search people or their property and seize certain items. This often happens against...
Important News about Drinking and Driving
Summary Stay up to date with the latest important news about drinking and driving. Texas implemented "Bentley's Law" (House Bill 303), compelling drunk drivers convicted of killing parents to pay child support. The law, effective since September 1, 2023, mandates payments starting a year after release from prison until the victim's children turn 18. Other states, including Tennessee, are considering similar legislation. A study revealed alarming statistics on older motorists, with over 1.6 million drivers over 55 admitting to driving over the legal alcohol limit. The National Highway Traffic Safety Administration (NHTSA) initiated a process to mandate technology preventing impaired drivers from starting vehicles. The NHTSA explores ways to make this a legal requirement in all new vehicles. A Canadian man in Abbotsford, British Columbia, sets a DUI arrest record with 21 convictions, receiving a jail sentence of nearly five years. Washington legislators proposed lowering the legal blood alcohol content (BAC) limit from .08% to .05%, citing potential safety benefits. However, the bill ultimately failed to pass before the March 2023 deadline. [lwptoc depth="3" skipHeadingText="Summary"] Drinking and driving is a serious crime, with violators driving under the influence facing severe charges. This pervasive problem kills tens of thousands of people...
Is it Okay to Drive After Only Two Drinks?
Summary: Many factors determine how many drinks it takes someone to be too drunk to drive. Even though you might assume it’s okay to drive after a couple of drinks, you could be more impaired than you think. If you rely on a personal breathalyzer to decide whether or not to drive, you need to know these devices are often wildly inaccurate. Police can arrest you for DUI even if a test shows you’re under the legal limit. There are several alternatives to drunk driving, such as a designated driver, a taxi or rideshare service, or a ride to a nearby hotel. [lwptoc] Oftentimes, when people go out drinking, they question how many drinks they can have before it's still a good idea to drive home. The answer to this question of whether or not you can drive home after two alcoholic beverages isn't cut and dry. Each person's body is different. Therefore, the amount of alcohol a person can safely consume before getting behind the wheel of a vehicle varies, depending on a few factors. Some people believe that you shouldn't get behind the wheel of a car if you've had anything to drink. And others believe it's okay...
The Science of Breathalyzers in North Dakota
Breathalyzers play a critical role in DUI (driving under the influence) cases in Fargo, North Dakota, and across the United States. Manufacturers design these devices to measure a driver's blood alcohol concentration (BAC) from their breath. Understanding the science behind breathalyzers is crucial because it can affect legal outcomes, ensuring fairness in the justice system. Don’t assume you’re guilty of DUI in Fargo just because a breathalyzer device showed your BAC was too high. At Sand Law, we know these devices aren’t infallible. If there are any doubts regarding the results, we’ll do all we can to invalidate them and help you achieve the best possible results in your case. Please contact us as soon as you can to schedule a free consultation. Call 701-609-1510 or use our online form. History of Breathalyzers Breath testing for alcohol dates back to the early 20th century when concerns about drunk driving emerged. The first significant breakthrough in this field came in 1953 with the invention of the "breathalyzer" by Dr. Robert Borkenstein. This early device used potassium dichromate and other chemicals to estimate a person's BAC. When someone blew into the device, the alcohol in their breath would react with the chemicals,...
What Happens When You Get a DUI in Fargo, North Dakota?
If an officer has arrested you for suspicion of DUI in Fargo, North Dakota, you’ve probably been through a terrifying experience. Knowing that it happens to thousands of people across our state every year doesn’t make you feel any better. You’re scared of what might happen next and its impact on your life. A Sand Law attorney can work to help ease your stress. While we can never make any promises, we can guarantee that we’ll try to either reduce your penalties or have your charges dismissed. We have a lot of experience in this area of the law and a long track record of helping clients in your exact situation. If you would like to speak with us, you can contact us online or call 701-609-1510 for a free review of your case. What to Expect When You’re Pulled Over for Suspected DUI in Fargo, North Dakota If you're pulled over and charged with DUI, law enforcement officers will likely conduct various tests to determine your level of impairment. These tests may include field sobriety tests, such as the walk-and-turn test or the one-leg stand test, as well as a preliminary breathalyzer test to measure your blood alcohol concentration...
Challenging DUI Evidence and Ensuring Fair Legal Proceedings
Facing a DUI (Driving Under the Influence) charge can be daunting, but understanding DUI evidence and your legal rights can help ensure a fair legal process. This article will outline the types of evidence commonly associated with DUI cases, the legal standards that protect your rights, and common defense strategies to challenge DUI evidence. You’ll also learn the invaluable role a DUI attorney can play in your defense. Please don’t underestimate the severity of a DUI charge. You could potentially face years in prison and thousands of dollars in fines. Courts take this crime seriously since more than 200 people died in impaired driving accidents between 2017 and 2021. The attorneys with Sand Law can provide an aggressive defense designed to eliminate your charges or reduce your penalties. If you would like to learn more about how we may be able to help, please contact us online or call 701-609-1510. Understanding DUI Evidence In DUI cases, evidence can come from various sources, each with its own strengths and weaknesses. Here are some common types of DUI evidence: Breathalyzer Tests Breathalyzer tests aim to detect the presence of alcohol in your breath. During a traffic stop, the police officer may ask...
Blood, Breath, and Tears: Challenging the Accuracy of DUI Testing Methods
In many states, including North Dakota, field sobriety tests are responsible for helping law enforcement determine whether someone has been drinking. For example, some common types of field sobriety tests include: Horizontal Gaze Nystagmus Test One-Leg Stand Test Walk and Turn Test Finger to Nose Test The Romberg Balance Test The above tests are considered the standardized field sobriety tests by the National Highway Traffic Safety Administration (NHTSA). However, there are many other non-standardized field sobriety tests that officers use. For example, these include backward counting, reciting the alphabet backward, and the finger dexterity test. Field sobriety tests are used to ensure that safe driving is occurring, especially in high-risk areas. For example, near bars and nightclubs. A police officer will pull over a driver they suspect might be drinking and ask them to perform one or more of these tests. Using the knowledge they've acquired from watching the driver complete the sobriety tests, they'll decide on their next steps. What is considered driving while intoxicated? In North Dakota, it's illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. Driving with a BAC of 0.08% is legally called driving under the influence (DUI). However, this only...
Tools to Help Chronic Drunk Drivers
Unfortunately, North Dakota has historically been one of the worst states in the country when it comes to driving under the influence of alcohol. Our state had a drunk driving accident rating of 11.3 per 100,000 population in 2012. This rate is more than three times the U.S. rate (3.3). South Dakota’s rate was 5.7. If you’ve been arrested for drunk driving before and you’re facing another DUI charge, the attorneys with Sand Law may be able to help. There could be extenuating circumstances behind your latest arrest. Or, we can work to help you avoid the maximum penalties for a second, third, or fourth DUI. Please don’t hesitate to contact us online or call 701-609-1510 for a free consultation. What is Chronic Drunk Driving? Finding a clear definition of chronic drunk driving is difficult. But what’s clear is that people arrested multiple times for this crime have a severe issue that needs to be addressed. No amount of “fun” is worth risking lives and spending significant time in jail. When police charge someone with repeated DUI, that clearly indicates something is wrong. A chronic drunk driver needs to get help before their luck runs out. How to Prevent Future...
Can I Get a DUI in North Dakota if My Drink Was Spiked?
Getting a DUI is scary, no matter what the circumstances. But if your drink was spiked and an officer arrested you, you have every right to be angry and frustrated. You may have no idea what will happen if you've never been arrested before. A DUI attorney with Sand Law is ready to fight for your rights and to work to help you avoid punishment. You don’t deserve to be in this situation, and we’ll do everything we can to get you out of it. Always remember that just because you were arrested doesn’t mean you’ll be found guilty. Our firm is standing by to help ensure that justice prevails. Please contact us as soon as possible for a free consultation. You can call 701-609-1510, or you can use our online contact form. Drink Spiking Statistics You may have planned to go out for a couple of drinks with some friends and go back home, and little did you realize that someone had different plans for you. You’re pulled over for erratic driving because your drink was spiked the next thing you know. This kind of situation happens much more often than you realize. Of the more than 900 people...
Holiday DUI Statistics + Steps to Take if You’re Arrested
As you might expect, holiday DUI statistics don’t paint a pretty picture. A lot of people who usually don’t touch alcohol decide to imbibe a little bit this time of year. Not only does this put other motorists at risk, but it also puts drivers at risk of being pulled over. People might not realize just how serious DUI penalties are in North Dakota. The following is a look at some of the more surprising DUI statistics, as well as information on what to do if you should find yourself arrested for the crime this holiday season. If that should happen, the DUI defense attorneys with Sand Law may be able to help. We’re extremely familiar with DUI laws in North Dakota, and we’re ready to put that knowledge to work for you. Just contact us online if you’d like a free consultation, or give us a call at 701-609-1510. 140 Fatal Crashes Occurred on Christmas in 2019 Of all the holiday DUI statistics, this could very well be the worst. It’s bad enough to lose a loved one, but to lose them due to an accident caused by a drunk driver – on Christmas Day, of all days –...
3 Steps to Take After a DUI Arrest in North Dakota
It’s obviously scary after being arrested for a DUI. You’re not only worried about potential jail time and stiff fines, you might also be dreading having an interlock device put on your car. But you’re going to need to keep a clear head – an arrest won’t necessarily mean a conviction. Suppose you took a Breathalyzer test that revealed your BAC (blood alcohol concentration) level was too high. That doesn’t necessarily prove anything. You might have just swished some mouthwash, or you might have been taking some medicine that could have voided the results. Your diet could have even contributed to a positive test. So, don’t immediately assume the worst. While you shouldn’t panic, you should take action. The most important thing to do will be to hire a DUI defense attorney as quickly as you can. At Sand Law, we have helped clients facing DUI charges for a long time, and we’ve helped many of them clear their records. While we can’t make any promises, of course, we can promise that we’ll provide you the very best defense we can, and do everything possible to uncover the evidence it takes to either have your penalties reduced substantially, or have...
Is Avoiding DUI Checkpoints Legal?
If you’ve been driving for any period of time, there’s a pretty good chance that you’ve come across a DUI checkpoint on a highway at one time or another. While there’s no doubt that these are legal (although many would question whether or not they’re ethical), it’s important to know that you can try to avoid one if you wish. But it will be important that you do it in the safest, smartest way possible. The following is a look at what a DUI checkpoint is, how to make sure your rights are protected if you happen to be arrested, and why it will be so important to obtain legal help as fast as you can. The attorneys with Sand Law have years of experience representing people arrested for DUI. If you would like to learn more about what we may be able to do for you, schedule a case review. It won’t cost you a dime. You can give us a call at 701-609-1510, or you can use our online contact form. What is a DUI Checkpoint? If you know your U.S. Constitution, no one could blame you for assuming DUI checkpoints are illegal. After all, the Fourth Amendment...
Can a DUI Defense Attorney Help Reduce my Sentence?
Being charged with a DUI doesn’t necessarily mean you’ll have to serve the maximum sentence. If you choose the right attorney, you could see that sentence substantially reduced, or possibly even have the charges dropped entirely. While no reputable attorney will ever make any promises, there’s a chance you might not have to face the worst-case scenario you fear. At Sand Law, we have a team of attorneys with a great deal of experience in representing people who have been charged with a DUI. We won’t tell you that we can definitely reduce your charges, but we will promise that we’ll do everything possible to do just that. If you would like to schedule a free consultation, please don’t hesitate to contact us online or give us a call at 701-609-1510. DUI Sentencing in North Dakota Hiring a skilled attorney is the first thing you should do if you’ve been charged with a DUI. The stakes are just too high to try to face this charge without legal representation. Here’s a quick look at the penalties for DUI in North Dakota First Offense. If this is your first offense, and your BAC (blood alcohol content) level was below .16, you’ll...
Understanding Your Rights at a DUI Checkpoint
Every once in a while, police will set up a DUI checkpoint, usually on a major highway. While checkpoints are legal, drivers need to understand that they have rights as well. Just because a checkpoint is approaching, that doesn’t mean you have to go through it, and if you do, your rights still have to be observed at all times. Here’s some information on how checkpoints work, what to do if you’re arrested at one, and how an attorney may be able to help. Sand Law attorneys have an extensive amount of experience defending people charged with DUI, and we’re ready to put our knowledge to work on your behalf. Get in touch with us online or call 701-609-1510 for a free case review. Why are DUI Checkpoints Legal? DUI checkpoints aren’t new by any means, of course. They’ve been around for several years. While many have challenged the legality of checkpoints, they still remain. But how can this be the case, since the Fourth Amendment to the U.S. Constitution protects citizens from being searched without a reason? After all, that’s basically what police officers are doing at a DUI checkpoint, right? They stop every vehicle on the road, even...
How Does a Lawyer Help with a DUI Charge?
If you’ve been arrested for DUI – especially if there was a car accident involved – the smartest thing you can do will be to hire an attorney as soon as possible. North Dakota has its fair share of DUI arrests and also has incredibly stiff penalties for this type of offense. Skilled attorneys can do more than just help you get out on bail or bond – they may also be able to either get your penalties reduced or have your case completely thrown out. Sand Law has a team of attorneys with a great deal of experience representing clients in DUI cases. While we will never make any promises, we can tell you we’ll do everything we can to help. If you would like to schedule a free consultation, please don’t hesitate to contact us online or give us a call at 701-609-1510. Do I Need to Hire a DUI Defense Attorney? Not only do you need a DUI defense attorney who is completely familiar with North Dakota’s DUI laws, but you also need to hire one just as fast as you possibly can. Your attorney will immediately get to work building the strongest case possible on your behalf....
DUI After a Night Out: Why You Might Still Fail a Breathalyzer the Day After
Getting a DUI can lead to harsh penalties that can impact your life significantly. Even if you managed to get home after a night of hard drinking, that doesn’t mean you’re in the clear. You could still be legally drunk the morning after. And you could be pulled over on your way to work. Just because you’ve slept and had breakfast, you could still be unsteady enough to be a danger behind the wheel. If you’ve been arrested for suspicion of DUI, you should seriously consider talking to an attorney with Sand Law. Our firm has a team of legal representatives who are experts in DUI laws, and will work to provide you with the strongest defense possible. Please don’t hesitate to contact us online or call 701-609-1510 as soon as you can for a free consultation. Can You Still be Intoxicated the Morning After Drinking? Without a doubt, the answer is, “Yes.” There are a lot of factors that go into determining how much alcohol is still in your system. The biggest one, of course, is the amount of alcohol you consumed. Another major factor is the time you stopped drinking. The body can metabolize the average beer, shot...
Odd Products that Can Raise Your Blood Alcohol Content
If you’re convicted of a DWI, that can lead to much more than having to have an ignition interlock device attached to your car. There’s also a chance you could be looking at a long jail sentence, as well as other severe penalties. But just because you’ve been arrested for DWI doesn’t mean you’re guilty. You may have submitted to a Breathalyzer test that showed your blood alcohol concentration (BAC) level exceeded the legal amount. That test may have been faulty due to something that had nothing to do with alcohol. It could have been a medication you were taking, some mouthwash, or even your diet. The attorneys with Sand Law PLLC will provide you with passionate legal representation to make sure you don’t have to face a bleak future due to a tainted Breathalyzer test. We will work to gather the evidence needed to prove your innocence so that you can get past this horrifying time in your life. Please get in touch with us to schedule a free consultation as soon as you can. Call 701-609-1510 or contact us online. How is BAC Measured When You’re Pulled Over for Suspected Drunk Driving? It’s one of the scariest scenarios...
Don’t Let the Holidays Tempt You Into Driving Drunk
It happens tens thousands of times every year across the country. Someone goes to an office holiday party or some other type of gathering, and wants to fit in by having a couple of drinks – even though they never touch alcohol any other time of the year. The next thing they know, they’re driving along and they see flashing police lights behind them. Then they’re arrested for DWI and booked into jail. More than likely, they’ll have an interlock device on their car for months to come, and they’ll lose their driver’s license for a long, long time. It can be a truly horrifying position for a lot of people. Hopefully, this will never happen to you. But if it does, you’ll need to contact Sand Law as fast as possible. We’ve been defending people accused of DWI for years. Just because you’ve been arrested doesn’t necessarily mean you’re guilty. Learn more by using our online form or calling 701-609-1510 for a free case review. DUIs Are More Common Around the Holidays Whether you’re just an occasional drinker, or you tend to drink at certain times throughout the year, you really have to be careful during the holidays. Police...
Most Common Drugs Involved in DWI Cases
Most people associate driving while intoxicated (DWI) arrests with alcohol. But DWI arrests involving drugs also commonly occur. Whenever someone is considered to be under the influence of any intoxicating substance, that can be grounds for a DWI charge. Sand Law PLLC has skilled attorneys who can provide you with expert representation if you’ve been arrested on a charge of drug-related DWI. We will make sure your rights are protected at every turn. Get a free case review by giving us a call at 701-609-1510 or contacting us online. Drugs That Can Cause DWI As you would probably expect, there are many different types of drugs that can impair a person to the point they could be charged with a DWI. These are just a few of the many examples. Marijuana Marijuana is prized for its medicinal properties and used by plenty of people to help reduce anxiety, pain, and many other health issues. However, it can have effects that can make it dangerous to drive, such as drowsiness and lack of focus. Heroin Heroin is an opiate. Like other opiates (such as morphine) heroin use can lead to feelings of extreme euphoria. It can also cause drowsiness and dull...
How do Ignition Interlock Devices Work after a DUI?
If you've been arrested for a DUI (driving under the influence), you may be required to install an ignition interlock device into your vehicle. When you're arrested, there are many different potential outcomes for your case. You may have to serve jail time, pay fines, take classes, or install certain devices to be used before you're able to operate your vehicle. By hiring a DUI defense attorney, you can have your sentence reduced. This may include the downgrading of your jail time, lowered fines, reduced suspension time, and more. However, when your attorney bargains to have your sentence reduced, it may come with a compromise, such as having an ignition interlock device installed into your vehicle. If you've been unfairly arrested for a DUI, our talented team of DUI defense attorneys will be able to argue your sentence, or in some cases, even have your case thrown out entirely. How Do Ignition Interlock Devices Work? An ignition interlock device is a device that can be installed into your vehicle. It's comprised of two different parts, a handheld device and an electronic control unit that is connected to your starter. There are many different companies that manufacture these devices, but they...
Common Reasons That DUI Charges Don’t Hold Up in Court
It's very common for driving under the influence charges to be dropped before your case gets to trial. In some cases, the prosecution will drop the case when they know they've made a mistake. In other cases, it takes a good and persuasive criminal defense attorney to convince the prosecution that their case isn't valid. For this reason, we advise our clients to never plead guilty to DUI charges, as police routinely fail to follow proper procedures when performing arrests. Not only that, but district attorneys lack evidence and the prosecution knows that the case won't stick. Both judges and prosecutors can drop charges for DUI cases. If your case is dropped completely, you don't have to worry about the case, going to trial, or any repercussions from the stop. Suspect Not Given Opportunity To Contact An Attorney During The Dui Investigation North Dakota law states that everyone has a right to counsel under Rule 44 (a) Right to Counsel. This law states that you have the right to an attorney even if you cannot afford one. If they don't give you the opportunity to speak with or hire an attorney to defend your case, your case isn't viable. If...
Contesting a DUI License Suspension With an Administrative Hearing
After being arrested for DUI in North Dakota, you have 10 days to contest your license suspension. In 2019, there were approximately one million drivers arrested for driving under the influence of alcohol or narcotics. That means that in 2019, approximately 17% of the population was arrested for a DUI of some kind. It’s also estimated that every weeknight between 10 p.m. and 1 a.m., one in 13 drivers is drunk. And between 1 a.m. and 6 a.m., every one in seven drivers is drunk. That’s not to say drunk driving is common. However, there are many arrests for it annually that are wrongful or incorrect. In fact, breathalyzer tests can vary at least 15% from actual blood alcohol concentration (BAC). And one in four people tested will have a blood alcohol concentration reading that’s higher than their actual BAC. There are actually a few testing methods other than the breathalyzer test. You may be asked to give a blood sample or have a urine or breath analysis. The arresting officer will often decide whether or not these tests are required based on the field sobriety test. What Happens After You’re Arrested for a DUI? In North Dakota, you will...
What Happens if I get a DUI/DWI?
While no one should drive and drive, everyone deserves the right to an attorney for defense in a DUI criminal case. If you were involved in an accident while under the influence of drugs or alcohol, you should think about hiring a DUI defense attorney to represent you in court. They can help lower any fines or sentences you may be given, and will generally help to make the process much smoother for you. According to the Zebra, more than 25% of traffic related deaths are the direct result of alcohol impairment, so these accidents are very common. They also state that if a drivers blood alcohol content (or BAC) is above .10 they are seven times more likely to be involved in a fatal accident compared to a sober driver. And finally, drivers between the ages of 21 and 24 account for one third of DUI/DWI arrests. What is a DUI/DWI? DUI is the acronym from driving under the influence and DWI stands for driving while intoxicated. DUIs can include both alcohol and drug related offenses, while DWI most often refers to driving while under the influence of alcohol. If you’ve been charged with a DUI or DWI, it...
Marijuana DUI in North Dakota
Medical marijuana may be legal in North Dakota, but driving while high is not. In recent years, marijuana has been recognized and valued for its medicinal properties. It’s used to manage pain, seizures, anxiety, and a variety of other ailments. Since it’s now legal for medicinal purposes in 33 states, it’s hard to believe the plant was once widely demonized as just a harmful drug. Marijuana may have shaken off its bad reputation, but it does have side effects that can make it unsafe to use in some circumstances. And that includes driving. Medical vs. Recreational Use in North Dakota To use medical marijuana in North Dakota, you have to be evaluated by a qualified physician. If your physician determines that you have a medical condition that qualifies you to use marijuana, you can get a written recommendation. Then you must register with the North Dakota Medical Marijuana Registry and subsequently apply for a medical marijuana card. Applicants must be at least 19 years old. Once approved, patients can obtain marijuana from dispensaries. As with any other prescription, they’re required to follow specific dosages and should not share prescriptions with anyone. If you’re in a state that allows recreational use,...
Comparing DUI Statistics of the U.S. vs. Other Countries
DUI Statistics in the United States In 2018, 10,511 people died in alcohol related accidents in the United States. The FBI also estimates that around 1 million drivers were arrested for driving under the influence of alcohol drugs in the same year. In 1984, Congress changed the legal drinking age from 18 to 21. The NHTSA (National Highway Traffic Safety Administration) believes that the change of this law has saved around 32,000 lives over the past few decades. Out of all deaths from DUI car accidents, 50% of the teenagers who die in these accidents are passengers, not drivers or motorcyclists. This means that the majority of people who die aren’t even the ones deciding to drive drunk, but the ones getting into cars with drunk drivers. An arrest for a DUI can cause your insurance to skyrocket by around 71%. Many drivers find it impossible to get back on the road after their DUI, simply because the costs become too expensive for them to afford. However, drunk driving is on a decline. Between 1991 and 2017, the rate of accidents and fatalities has decreased by 50%. DUI Statistics Around the World While the United States may seem like we...
Can Medications Affect DUI Tests?
A DUI conviction can have many long-term implications. So how do you ensure that you don't have a false positive on a breathalyzer test? According to the law, North Dakota drivers should never have a blood alcohol concentration above .08 percent. When they suspect drivers are operating vehicles above the legal BAC, law enforcement officers often administer breath tests. Breathalyzers are generally an effective tool for keeping our roads safe. However, certain medications and inadequate testing methods can interfere with BAC readings. Testing in North Dakota DUI Cases In the Birchfield v. North Dakota case of 2016, the Supreme Court ruled that the requirement of blood tests to determine a suspect’s BAC is a violation of constitutional rights. Blood tests require a warrant. However, the Supreme Court ruled differently on breath tests since they are less intrusive. Law enforcement are able to administer breath tests to potentially intoxicated drivers without a warrant. The Birchfield v. North Dakota case influenced the outcome of subsequent cases like State v. Helm. The Helm case upheld that drivers can’t be prosecuted for refusing a urine test without a warrant. Using Prescription Medications While Driving Most medicines do not impair your ability to drive. However,...
What You Need to Know About DUI/DWI Laws North Dakota
Important North Dakota DUI Laws If you or someone you know is currently charged with a DUI/DWI offense in North Dakota, you may feel overwhelmed by the situation. DUI/DWI charges carry harsh penalties throughout the U.S. Many of which are life-changing results for the offending party. Finding a criminal defense attorney with experience in DUI/DWI cases is crucial. And for the best result, finding a firm with attorneys that specialize in that particular field is a huge boon to the defense you will undoubtedly need. DUI/DWI Laws In North Dakota North Dakota is in line with the national average of about 40% of automobile-related deaths including alcohol as a factor for one or more parties involved. This means the justice system is particularly invested in providing stiff penalties for those involved in these accidents. The state standards for blood alcohol level are .08%. This number has nothing to do with how you might feel behind the wheel. It is an isolated measure of alcohol in your blood that correlates to your weight and comes from aggregated data on the point at which most people are unsafe drivers. That means that not everybody who passes that hard limit thinks they had too much...
DUI Laws in Minot, North Dakota
Understanding Minot, North Dakota DUI Laws Driving while intoxicated or driving under the influence (DWI/DUI) is one of the most common criminal charges brought in Minot, Ward County, and across the State of North Dakota. In 2016, the United States Supreme Court heard two DWI/DUI cases from North Dakota, one from Morton County and one from Bowman County. Driving under the influence cases generally do not receive so much attention, but the high Court saw an opportunity to address a problem in many states’ DWI testing laws. Before 2016, the courts in North Dakota, including the North Dakota Supreme Court, had upheld the law stating that it was a crime (carrying the threat of jail time) to refuse a breath, blood, or urine test of blood alcohol content (BAC) following an arrest for suspected DWI. In Birchfield v. North Dakota, the U.S. Supreme Court found that this law was unconstitutional. As a result, some convictions were overturned, and some drivers could withdraw guilty pleas made under the threat of jail time for refusing the test. Minot North Dakota Supreme Court Verdicts Though this case received a lot of attention last year, the law ultimately did not change very significantly. The...
How Technology is Helping Reduce DUIs in North Dakota
Driving under the influence of alcohol is never a good idea. Alcohol consumption slows down brain activity and affects a person's body reflexes and the ability to judge their surroundings properly. Drunk driving is a serious problem. It can not only result in DUIs but in serious accidents leading to injuries and death. New Technologies Reduce Drunk Driving and Make Roads Safer According to the National Highway Traffic Safety Administration, almost 30 people die in drunk driving crashes everyday in the United States, totaling up to 10,000 deaths each year. 17% of the victims are minors. Fortunately, people are becoming more aware of the dangers related to drunk driving. Many are choosing not to get behind the wheel after having a drink. Modern technology also comes in handy with various applications designed to warn drivers about their blood alcohol level and to offer an alternative to driving. Ridesharing Apps Ridesharing services, such as Uber and Lyft, are an affordable, safe, and convenient alternative to regular cabs. With the click of a button, you can locate a driver in minutes. You can even pay, tip, and leave a review from your smartphone. Such services are a lifesaver when it comes to...
DUI and Car Accidents
North Dakota Car Accidents Caused by Driving Under the Influence Driving under the influence is taken very seriously by the criminal justice system of North Dakota and can have significant consequences for those that engage in this behavior. Those that drive under the influence are at an immensely high risk of being arrested for this crime due to the nature of inebriation. Car accidents caused by drunk driving can also result in severe damages to those involved. People that have been injured by drunk drivers can seek compensation for the injuries they suffered by taking legal action in the form of a car accident injury claim against a liable third party. What Will a DUI do in the Long Term? If someone is caught driving a vehicle with a blood alcohol content over 0.08% or 0.06% for drivers of commercial vehicles then they will be put under arrest for driving under the influence or DUI. Driving under the influence is a misdemeanor for the first offense and then considered a felony. A fourth or subsequent DUI offense within a 15-year period is a felony. The penalties for a DUI in North Dakota can consist of the following: 1st Offense Class...
US Supreme Court Overturns North Dakota DUI – Blood Test Law
Blood Tests for DUI Arrests Ruled Unconstitutional In a June 23, 2016 decision, the United States Supreme Court held that a North Dakota law that imposes criminal penalties for failing to take a blood test in a drunk driving case violates the Fourth Amendment to the Constitution. The opinion in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016) requires that law enforcement obtain a warrant before requiring a person suspected of drunk driving to submit to a blood test. The case involved one Danny Birchfield who refused to take a blood test after a DUI stop. He was convicted for refusing the test. In reversing his conviction, the Court reasoned that blood tests are “significantly more intrusive” than breath tests. Blood tests require the piercing of the driver’s skin to obtain a sample and the extraction of a portion of the subject’s body. Blood samples also provide law enforcement with more information about a person that just the person’s blood alcohol content. Moreover, the blood sample, and its information, can be preserved. Testing a suspected drunk driver for a blood alcohol content is a search. The effect of the Birchfield decision is to require law enforcement to obtain a warrant...
What You Need to Know About a DUI in North Dakota
If you think that driving with a drink or two in your system is not a big deal, think twice before getting in the car. Operating a motor vehicle under the influence of alcohol is not only unlawful but also dangerous both for the driver and for the other participants in the traffic. Nevertheless, it happens more than often, resulting in accidents, hefty fines, and even jail time. Learn how to avoid a DUI in North Dakota and how to deal with the consequences if you have been involved in one. What are the Basics of a DUI in North Dakota? The state of North Dakota limits the alcohol concentration in the blood to 0.08% for non-commercial drivers and 0.04% for commercial vehicles. If the driver is under the age of 21, the state has a zero-tolerance policy when their BAC measures 0.02% and above. Most often, the blood alcohol concentration is measured using a breathalyzer. The test is performed by a law enforcement officer, using a breath sample to determine whether the driver is intoxicated. However, sometimes the readings might be inaccurate and can result in false charges. Penalties Related to a DUI DUIs in North Dakota are associated...
North Dakota DUI Laws
Driving under the influence (DUI), also known as driving while impaired (DWI), carries significant penalties in North Dakota. A DUI conviction carries both criminal and administrative penalties. This means that you risk losing your driver’s license in addition to receiving a fine or being sentenced to jail time. Criminal Penalties of a DUI On the criminal side of things, DUI offenses range from a Class B misdemeanor to a Class C felony in North Dakota. The prosecution takes a number of factors into account, including the measured blood alcohol content (BAC), previous convictions for DUI, the presence of children in the vehicle, and any injuries caused by an accident. The penalties start at a $500 fine for a first offense with a BAC under .16 and can be as high as 20 years imprisonment if someone was killed. Department of Transportation Penalties Administratively, the state’s Department of Transportation (DOT) can suspend a person’s driver’s license. The DOT’s decision to suspend the driver’s license is completely independent from the criminal proceeding. Similar to the range of criminal penalties, license suspension ranges from 91 days for a first offense to multiple years of suspension for felony-level DUIs. Additionally, the driver may have...
North Dakota DUI Penalties
DUI (driving under the influence) and DWI (driving while intoxicated) offenses are serious because of the potentially life-threatening consequences. Therefore, North Dakota courts assess penalties on a tiered basis for DUI offenses. This means that the level of punishment you could receive is dependent on how many offenses, specifically drinking-and-driving offenses, you have incurred in the past 7 years. For instance, a first offense DUI in North Dakota is a class B misdemeanor that carries with it a minimum fine, a chemical dependency evaluation, potential jail time, and a suspension of your drivers license. The level of your BAC (Blood Alcohol Concentration) can also play a factor in the severity of your punishment. First Offense DUI in North Dakota A first-offense DUI in North Dakota is considered a Class B misdemeanor. The fine for a first offense DUI is $500 for a BAC below .16 and $750 for a BAC of .16 or higher. Additionally, a BAC of .16 or above can get you a two-day jail sentence. Someone convicted of a DUI in North Dakota can have their driver license suspended. For a BAC below .18, the suspension period is 91 days. The license suspension can be for up...
North Dakota Ranked Top DUI State In 2018
North Dakota again ranks as one of the worst states for driving under the influence (DUI) arrests in the nation. According to FBI data on arrests by state, North Dakota holds the title for most number of DUI arrests per capita. In North Dakota, there are 678 DUI arrests made for every 100,000 residents. By contrast, the average DUI arrest across the nation is about 289 arrests for DUI for every 100,000 people. Therefore, North Dakota's DUI arrest rate is over twice the amount of the national average. DUI Arrests in North Dakota Certainly, these statistics matter because of the increased DUI enforcement seen in Watford City, Williston, Bismarck, Minot, and throughout the state. Obviously, North Dakota law enforcement agencies are committed to strictly enforcing drunk driving laws. Aside from the criminal penalties involved in a DUI arrest, drunk driving puts everyone on the roads at risk. First offense DUI arrests may not carry jail time, but they will have a fine of between $500 and $1,500 plus court costs. Additionally, DUI convictions come with a mandatory DUI course and a license suspension for up to 180 days. The penalties can be more severe if you have previously been arrested...
Rick Sand Named To Super Lawyers Rising Star List
Sand Law Award Winning North Dakota Attorneys Sand Law would like to congratulate one of its founding members on being named to the Super Lawyers Rising Star List! This distinguished honor is bestowed upon only the top 2.5% of all attorneys practicing within the jurisdiction. North Dakota Personal Injury and Criminal Defense Attorneys Sand Law is a full-service law firm serving all of Western North Dakota. Our team of attorneys represents clients in criminal defense, personal injury, and business litigation matters. With offices in Watford City, Williston, and Bismarck we are conveniently located to serve your legal needs. If you require of an experienced hard-working attorney, call the lawyers at Sand Law today for a free, no-obligation consultation. Why Consider Sand Law as Your Legal Representation? When it comes to picking an attorney, the process can often seem daunting with so many lawyers that claim to be able to win you buckets of cash with the settlements they are guaranteed to get. Don't pay attention to what a law firm will tell you, look at what they have done and what they have been proven to be able to do. Looking into an attorney's case history is the best thing you can do and...