North Dakota DUI Laws & Penalties
If you are facing a North Dakota DUI case, you are actually facing two separate actions against you. First you will need to attend an administrative driver’s license suspension hearing (or have your lawyer attend it on your behalf). This hearing is an attempt to defend your driving privileges within the state of North Dakota. In addition, you will have to attend a court case to decide the criminal aspects of your case where jail, fines and other punishments are possible.
Facing a North Dakota DUI? Here's What You Need To Do
The first thing you should do after being arrested for a North Dakota DUI is contact a qualified DUI defense lawyer. A DUI defense lawyer will help you to protect your right to drive and keep you at of jail if possible. This is particularly important if you want to request a temporary or restricted license as these DMV administrative hearings are very difficult to face on your own.
A good DUI defense lawyer will help you to get the least possible sentence, no matter how you are being prosecuted. You can be prosecuted based on the per se law, which says that whether or not you are driving hazardously, you can be arrested if your blood alcohol content is .08% or higher. The other way you can be convicted is through the officer’s observation of your driving pattern, your physical appearance, as well as whether or not you passed the field sobriety test.
If you refuse to have your blood alcohol tested when arrested, you will suffer an automatic drivers license suspension due to the implied consent law.
Penalties for North Dakota DUI
If you are arrested for a North Dakota DUI, the courts will look back on your record for seven years. Any other DUI cases that are older than seven years will not be counted. Here are the punishments you can expect to face for your North Dakota DUI:
First North Dakota DUI Offense
- A first offense DUI is a class B misdemeanor
- Fines of $250 to $500
- Up to 30 days in jail
- Up to a 90 day driver's license suspension
- Mandated treatment and alcohol education
Second North Dakota DUI Offense
- Class B misdemeanor if within 5 years of first offense
- Minimum of $500 in fines
- Jail time of 2 days to 30 days (48 hours must be serviced consecutively or 30 days of community service)
- Alcohol treatment programs
- Drivers license suspension for 1 year
- Vehicle seizure possible
- Ignition interlock system may be required
Third North Dakota DUI Offense
- Class A misdemeanor if within 5 years of a second offense
- Jail time of 60 days to 1 year (48 hours must be serviced consecutively)
- Addiction, alcohol education and counseling
- Minimum of $1,000 in fines
- Drivers license suspension for 2 years
- Ignition interlock system maybe required
North Dakota BAC Assumptions
- BAC levels of .001 to .05 are not considered to be under the influence
- BAC levels of .051 to .099 is considered evidence, but not admissible
- BAC levels of .10 or greater are considered to be under the influence
North Dakota Implied Consent Laws
- Chemical testing is allowed for blood, breath, urine or saliva to be selected by the officer.
- The officer is required to advise the defendant of the penalties they may face for test refusal.
- Test results of .10 or greater result in a 90 day to 2 year license suspension.
- Test refusal results in an immediate license seizure, a 1 to 3 year license suspension and is admissible in court.
- Chemical tests are admissible in court as long as they were performed by a certified person in accordance with methods and devices approved by the State Toxicologist.
- Blood draws for police testing must be performed by a licensed physician, registered nurse or other qualified person.
- The defendant has the right to have an independent chemical test done by a qualified person of their choice. The costs associated with the independent test are the defendant's responsibility.
- Test results must be made available to the defendant and their North Dakota DUI attorney upon request.
North Dakota DUI Attorneys
North Dakota is especially hard on DUI cases. The outcome of your case will vary greatly depending on several factors including your defense. Just pleading guilty or representing yourself will likely have the harshest and most severe consequences dealt. A good DUI defense lawyer can get you reduced fines, fees, license suspensions if not get the whole case dismissed or reduced.
DUI Arrest Help.com has compiled a list of skilled defense attorneys in North Dakota who have agreed to offer you a free initial consultation to discuss your case. There is no obligation to use them, and you can get some great information about what you should do.
Click here to speak with one of our North Dakota DUI lawyers.
SR22 Insurance Considerations after a North Dakota DUI
SR22 insurance is required in the state of North Dakota after a DUI conviction. This type of insurance is classified as 'high risk' meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk. This can get very expensive if you sign up for one of these policies with the wrong company.
DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of North Dakota and has worked out a special discount only available here to our website visitors.
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Other North Dakota DUI Resources
North Dakota DUI First Offense - Detailed first offense information including punishments after a first offense DUI in North Dakota.
North Dakota SR22 Insurance - Learn everything you need to know about North Dakota SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your ND SR22 insurance.
North Dakota DUI Lawyers - Contact one of our North Dakota DUI lawyers today.