| A North Dakota DUI arrest creates two separate | | | | chemical test that was used to determine your BAC |
| cases: The first is an administrative case with the | | | | was .08 or above, to discrediting the methods used |
| Department of Motor Vehicles, which determines if | | | | during the field sobriety tests, the best dui attorney will |
| your driver’s license will be suspended for a few | | | | use all the ammunition in his arsenal to not only lessen |
| months or for several years. The second is the | | | | the charges against you, but to attempt to have the |
| criminal case with the courts to determine if you will be | | | | charges dismissed entirely. |
| convicted, sentenced to jail, required to pay any fines, | | | | All dui cases are unique, and these differences can |
| be directed to take alcohol education courses, and/or if | | | | lead to various dui consequences: |
| you will be required to have an interlock ignition device | | | | Did you refuse to take a blood, breath, or urine test to |
| (IID) installed in your car. Your dui defense lawyer can | | | | determine your BAC? You can still be criminally |
| represent you in both cases, working to keep your | | | | prosecuted in court, because refusal is evidence of |
| driving privileges and freedoms intact. | | | | consciousness of guilt. A refusal will also affect your |
| There are two separate theories under which the | | | | driver’s license; it will be automatically suspended |
| North Dakota DUI criminal case can be prosecuted | | | | from one to three years because of the implied |
| and, depending on the circumstances, you can be | | | | consent law. |
| prosecuted under one or both theories. The first is the | | | | Do you have a prior DUI? North Dakota has a |
| per se law that makes it illegal to drive with a blood | | | | washout period of seven years, which means that if |
| alcohol concentration (BAC) of .08 or above, and has | | | | your prior DUI was more than seven years old, it has |
| nothing to do with how safely you were operating | | | | been washed off your record. If, however, the prior |
| your vehicle. The second is the traditional theory of | | | | DUI was within seven years, then the dui punishments |
| impairment, meaning you were found to be operating | | | | will be greater than if this was a first offense. |
| your vehicle unsafely because you had been drinking | | | | Were there any aggravating circumstances |
| or taking drugs. Under this theory your driving pattern | | | | surrounding your case? These include a dui arrest |
| or your lack of coordination during field sobriety tests | | | | when a minor is in the vehicle, a dui accident involving |
| are going to be used as evidence of impairment. | | | | death, injury, and/or property damage, excessive |
| A dui defense attorney can defend your case | | | | speed, or other additional driving citations. Aggravating |
| depending on which theory you’re being | | | | circumstances usually bring increased fines and jail |
| prosecuted under, and it is possible to be prosecuted | | | | sentences. |
| under both theories. From disputing the findings of the | | | | |