DUI/DWI

The North Dakota presumed limit for DUI is an alcohol concentration (AC) of .02 percent or more for those under the age of 21 and .08 percent or more for those over 21. The penalties for elevated AC may include administrative license consequences and jail time. Penalties are tied to the number of offenses that have occurred within the last seven years or more. If you’re seeking answers, we have compiled a list of the most frequently asked DUI questions we receive from our clients. It is important you call SW&L today at 701-297-2890 if you have been charged.

Penalties For Refusal To Test

When you received your license to drive in North Dakota, you gave implied consent to drug and/or alcohol testing of your blood, urine, breath, or saliva. Refusal to comply with testing will result in your license being revoked for 180 days to three years, depending on the number of prior suspensions and/or offenses. If your license is revoked, it is seized by the North Dakota Department of Transportation and cannot be reinstated until after the assigned period and a new driver’s test is taken. You will be treated as a new driver and be required to apply for a new license. Additionally, for test refusal in North Dakota, you will not be eligible for a temporary restricted license.

Time Limits & Your Driver’s License

In North Dakota, there are certain administrative time limits that apply once you have been arrested for DUI. When you either submit to or refuse a chemical test after being arrested for DUI, a law enforcement officer will issue you a Report and Notice form. After you receive a Report and Notice form, you have only 10 days to request an administrative hearing through the ND Department of Transportation in order to challenge your driver’s license suspension.

Furthermore, if you have refused to submit to a chemical test, you still have the opportunity to “cure” the refusal if it is your first DUI offense. “Curing” a test refusal makes it appear as though you submitted to the initial chemical test, and is done by pleading guilty to DUI and filing the required paperwork within 25 days of your test refusal. That is why it is important you get a DUI attorney to represent you immediately following your arrest.

Penalties & BAC Levels

If your BAC is found to be above the level set by the State, the penalties are as follows:

• For the first offense in seven years: 91 days of license suspension
• A first offense of AC of 0.18 percent or greater in seven years: 180-day license suspension
• Second offense in seven years: one-year license suspension
• Second offense in two years with AC of 0.18 percent or greater: two-year license suspension
• Third or greater offense in seven years: two-year license suspension
• Third or greater offense of AC of 0.18 percent or greater in seven years: three-year license suspension

Driving when your license is suspended or revoked for BAC levels will incur a mandatory four-day minimum jail sentence and an additional fine of up to $1,000. Your vehicle also may be impounded during this time. We may be able to assist you.

Criminal Penalties For Conviction

The minimum penalty that you may face in North Dakota for DUI depends on the number of previous DUI’s that you have been convicted of, as well as your AC for the current alleged offense. If you are being charged with your first DUI offense, it is considered a Class B Misdemeanor and will result in a minimum fine of $500 and an order for an addiction evaluation. However, if this is your first offense but you registered an AC of at least .16, you will be facing an aggravated first offense that carries with it a minimum fine of $750 and at least two days in jail.

A second offense in seven years is also considered a Class B Misdemeanor, but the minimum sentence includes a fine of $1,500, at least ten days in jail (two days must be served consecutively), an addiction evaluation, and at least one year’s participation in the twenty-four-seven (24/7) sobriety program.

A third DUI offense in seven years is considered a Class A Misdemeanor and carries with it a minimum sentence of 120 days in jail, a fine of $2,000, an order for an addiction evaluation, one year of supervised probation, and participation in the 24/7 sobriety program as a mandatory condition of probation.

Finally, a fourth or subsequent DUI in a lifetime is considered a Class C Felony. The minimum requirements for a fourth or subsequent DUI include at least one year and one day’s imprisonment, a fine of at least $2,000, an order for an addiction evaluation, a minimum of two years of supervised probation, and participation in the 24/7 sobriety program as a mandatory condition of probation.

The stakes are high and North Dakota takes DUI very seriously. It is important you call an attorney today if you have been charged in North Dakota or surrounding areas. We can also help answer your questions regarding international travel & DUI convictions

Actual Physical Control Of A Motor Vehicle

In North Dakota, there are times when you do not have to be actually driving to be arrested for being intoxicated while in control of a motor vehicle. It is illegal to be in Actual Physical Control (APC) of a motor vehicle while under the influence of drugs or alcohol. You are in APC of a vehicle when you are in or near a motor vehicle and have the ability to operate or “manipulate the controls” of the vehicle. The same blood alcohol concentration levels apply to APC as with DUI: .02 for those under 21, .08 for those over 21, and .04 for those operating a commercial motor vehicle. APC is a complex area of criminal law, and if you have been arrested for being in Actual Physical Control of a motor vehicle, it is essential that you contact an attorney to represent you.

Contact SW&L Attorneys Today

A DUI attorney may be able to obtain a plea bargain for a lesser charge and/or a reduced sentence. We will review the entire case, including whether the arresting officers followed the correct procedures, and may be able to fight the charges. Call our DUI attorney today at 701-297-2890 to schedule a consultation.