While no one should drink and drive, everyone deserves the right to an attorney for defense in a DUI criminal case. Ask our team about how we can help deal with your North Dakota DUI charge.
Summary
- DUI/DWI charges stem from driving under the influence of alcohol or drugs, with serious consequences for public safety and legal accountability.
- Penalties for a DUI charge in North Dakota increase with severity and repeated violations, including fines, license suspension, jail time, and probation.
- The arrest process involves field sobriety tests, booking, potential bail, and impounding your vehicle, depending on the case specifics.
- Court appearances may occur in municipal or district court, with experienced attorneys advocating for plea bargains or alternative penalties.
- Common penalties include loss of driving privileges, probation, alcohol evaluations, fines, and potential jail sentences.
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 for your DUI charge. Generally, a DUI defense lawyer can make the process much smoother for you.
At Sand Law PLLC, our North Dakota criminal defense attorneys can help ensure that you are treated fairly by the legal system following your DUI arrest. Schedule a free consultation with us by calling (701) 609-1510 or submitting a contact form through our website.
What is a DUI/DWI?
DUI is the acronym for driving under the influence and DWI stands for driving while intoxicated. A DUI charge 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 means that you are being charged for an offense that endangered yourself and others. You may not have actually hurt anyone, but you’re being charged because you could have, and that is considered negligent behavior.
The Relationship Between DUI/DWI and Fatal Car Accidents
According to the Zebra’s drunk driving statistics, 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 driver’s 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 in the U.S.
Penalties for a Drunk Driving Charge in North Dakota
Different states handle these cases differently, but under North Dakota law, you can face the following penalties for driving under the influence of drugs or alcohol:
First DUI/DWI Conviction Penalties Depend on Your BAC
For your first offense, you will receive a fine of $500 if your BAC was below .16, and a fine of $750 (as well as two days of imprisonment) if your BAC was .16 or greater.
If your BAC was below .18 you’ll have a 91 day suspension of your license. If it was above .18, your license will be suspended for 180 days. You will also have to go through an addiction evaluation.
Second DUI/DWI Conviction Penalties Are Based on Prior Driving Record and BAC
A second offense in seven years will land you in jail for ten days, along with a fine of $1,500 and required participation in a 24/7 program for 360 days. If your BAC was below .18, your license will be suspended for a year. If it was above .18, your license will be suspended for two years.
Each time you’re arrested for the same offense, the penalties get larger and larger, with higher fines, longer jail time, and a longer suspension of your license.
The Process of Being Arrested on a Drunk Driving Charge in North Dakota
The process for a North Dakota arrest for DUI starts with being pulled over, or evaluated after an accident occurs. You may be asked to perform a field sobriety test, like walking in a straight line or blowing into a breathalyzer.
Once the officer has determined that you have been driving under the influence, you’ll likely be handcuffed, arrested, and put into a police car. Your vehicle will likely be impounded or parked in a safe location. You’ll then be taken to the local police station where you’ll have to go through the booking process.
This may take a couple hours or even an entire day, depending on how busy the precinct is. Your fingerprints will be taken, a background check will be performed, and your information will be run through the system to see if there are any warrants out for your arrest.
You’ll then be placed in a holding cell, and your bail amount will be set. Sometimes bail won’t be required, and they’ll release you after a certain amount of time, but it all depends on your specific accident.
Court Appearance Following a DUI/DWI Arrest and Charge
If you haven’t had any past offenses, your court appearance will likely be in municipal court. You don’t have the right to a jury, and the decision will be made solely by the judge. You may request that your case be moved to district court, where a jury of six will determine whether or not you are guilty of a DUI.
During your court appearance, your attorney can help you ask for certain pleas. For instance, they may request community service instead of jail time or a lower fine in exchange for DUI classes. Your North Dakota criminal defense attorney should be well-versed in how DUI court appearances work, and therefore they will be able to negotiate the best plea bargain for you.
Potential Penalties for DUI/DWI Convictions
There are many penalties that come with being arrested for a DUI/DWI. A DUI conviction can have a large impact on your life, preventing you from using your vehicle, and maybe even losing your job. Here are the potential consequences of a DUI charge in North Dakota:
Losing Your License
First and foremost, you’ll likely lose your license when convicted of a DUI in North Dakota. The more convictions you have, the longer you’ll lose your license each time.
Losing your license is a huge inconvenience. Not having a license can prevent you from properly getting to and from work or other commitments. It will also lead to you spending more money on Uber or Lyft to get to where you need to go.
Paying Fines
Like losing your license, each time you’re convicted, your fine will go up. The higher your BAC is, the higher your fine will be. These fines can sometimes be negotiated for community service or longer jail time if you simply can’t afford to pay them. Your attorney and the judge can figure out a solution that best fits you.
Probation
You may also be required to be on probation for a certain amount of time. Generally, this depends on whether or not this was your first offense. Probation requires you to report to a probation officer. If you break any laws during this time, you may face further fines, jail time, and longer probation.
Alcohol Evaluation
An alcohol evaluation is often required if you’ve been convicted of a DUI/DWI. The evaluating party will look at your case, how much you drank, and if you have past convictions. The higher your BAC was, the more likely they are to recommend that you get treated for alcohol addiction.
They’ll likely ask how frequently you drink and how many drinks it takes for you to feel affected by alcohol. They may also ask about your family history.
Increased Auto Insurance
Getting arrested for DUI/DWI can also greatly increase your auto insurance when you resume driving following your license probation. This is because insurance companies see you as a less trustworthy driver, and someone who’s more likely to get into an accident. Your insurance may increase even more if your DUI caused an accident to occur.
Ignition Interlock Devices
In serious cases, where you may have had a high blood alcohol content level, or maybe a repeated offense, you may be required to put an ignition interlock device into your vehicle before you can drive again. These devices require you to blow into a breathalyzer in order to be able to start your vehicle.
How Sand Law North Dakota DUI Lawyers Can Help Fight Your Charge
Facing a DUI charge can be stressful, but having experienced legal professionals on your side can make all the difference. The skilled North Dakota DUI defense lawyers at Sand Law provide guidance, support, and expertise to help you in this challenging situation.
Explaining Your Legal Rights as a Defendant
One of the first things Sand Law’s DUI defense lawyers do is ensure you understand your rights. We’ll explain every aspect of the legal process, so you’re well-informed and equipped to make decisions about your case.
Examining the Details of Your DUI Arrest
Every North Dakota DUI case is unique, and our attorneys carefully analyze the specifics of your arrest. By reviewing police reports, procedures, and evidence, we work to identify any errors or violations that could strengthen your defense.
Challenging the Evidence
If the evidence against you is flawed, your lawyers at Sand Law will know how to challenge it. Whether it’s disputing the accuracy of field sobriety tests or questioning the validity of breathalyzer test results, our defense strategies are designed to protect your interests.
Negotiating Your DUI Charge and Sentencing with Prosecutors
Skilled negotiators can make all the difference in reducing a DUI charge or penalties. Our experienced DUI lawyers have extensive experience working with prosecutors to achieve outcomes that minimize the impact on your life.
Representing You in Court
If your case goes to trial, our team of DUI attorneys will provide strong representation. We’ll present a compelling argument on your behalf, striving to secure the best possible result in court.
Contact a DUI Defense Attorney from Sand Law Today
If you’ve been arrested for a DUI, contacting a DUI defense attorney is your best bet. They’ll help to make sure that you aren’t taken advantage of by the court, and can help to lower your fines, reduce your jail time, and overall get you the best plea bargain possible.
Please contact us online using our chat box option or by calling us at (701) 609-1510 for more information.
Frequently Asked Questions
What are the possible defenses to a DUI charge?
Defenses to a DUI charge can vary depending on the details of your case. Possible arguments include challenging the legality of the traffic stop, questioning the accuracy of breath or blood tests, and highlighting procedural errors by law enforcement. An experienced Sand Law DUI attorney can evaluate your case and identify the best defense strategy.
Can I be acquitted of a DUI charge in North Dakota?
Yes, it is possible to be acquitted of a DUI charge in North Dakota. Acquittals happen when the prosecution fails to prove guilt beyond a reasonable doubt. A strong defense that discredits faulty evidence or demonstrates errors in the arrest process could lead to an acquittal.
How long does a DUI conviction stay on my criminal record?
A DUI conviction in North Dakota typically remains on your criminal record for life. However, expungement may be an option in some circumstances, depending on the severity of the offense and state laws. A seasoned DUI attorney can advise you on whether this is possible in your case.