DRIVING UNDER THE INFLUENCE
You can be convicted of DUI in North Dakota if the State can prove:
a) that you have a blood alcohol concentration (BAC) of at least 0.08,
b) that you are under the influence of intoxicating liquor,
c) that you are under the influence of drugs, or
d) that you refused a chemical test.
If you have been arrested for DUI, APC, or refusing a chemical test, contact us right away. There are time deadlines for fighting to keep your driving privileges, and it is always helpful to get a copy of the evidence as soon as possible.
We are good at what we do, and we are the only law firm in North Dakota to win DUI and refusal cases at the North Dakota Supreme Court and the United States Supreme Court.
Herbel Law Firm is the only law firm in North Dakota to win criminal cases at the North Dakota & United States Supreme Courts.
DUI information you should know:
What potential criminal penalties am I facing?
1st offense within the last 7 years – no minimum mandatory jail time; range: 0-30 days in jail.
1st offense within the last 7 years, with BAC > 0.16 – minimum mandatory 2 days in jail; range: 2-30 days in jail.
2nd offense within the last 7 years – minimum mandatory 10 days in jail; range: 10-30 days in jail.
3rd offense within the last 7 years – minimum mandatory 120 days in jail; range: 120-365 days in jail.
4th offense (or greater); a felony – minimum mandatory 1 year and 1 day in jail; range: up to 5 years in jail.
(a prior offense includes only instances where you pled guilty or where you were found guilty by a jury)
What could happen to my driver’s license?
When a driver is arrested on suspicion of DUI (or actual physical control), there can be immediate consequences to that driver’s operating privileges. The following is a list of possible suspensions/revocations:
The suspension (when the driver does not refuse the chemical test)
1st violation within 7 years – suspend for 91 days
1st violation (w/i 7) with BAC > 0.18 – suspend for 180 days
2nd violation within 7 years – suspend for 365 days
2nd violation (w/i 7) with BAC > 0.18 – suspend for 2 years
3rd violation within 7 years – suspended for 3 years
Revocation (when the driver refuses the chemical test)
1st violation within 7 years – revoked for 180 days
2nd violation within 7 years – revoked for 2 years
3rd violation within 7 years – revoked for 3 years
Always, always, always, request a hearing at the Department of Transportation. If you hire an attorney, your attorney will request the hearing for you.
In the case of Birchfield v. North Dakota, where the DUI defendant was represented by Herbel Law Firm, the United States Supreme Court threw out Mr. Birchfield’s refusal conviction and ruled that it is unconstitutional for the State of North Dakota to make it a crime to refuse a blood test, during a DUI investigation, when the law enforcement officer does not have a search warrant.
Am I required to perform field sobriety tests, like the eye test (HGN), the walk-and-turn test, and the one-legged stand test?
No. You have no obligation under North Dakota law to perform field sobriety tests. You may politely refuse those tests.
You can request a work permit by clicking the following link (NDDOT website):
http://www.dot.nd.gov/forms/sfn02254.pdf
You can check the status of your driver’s license by clicking the following link (NDDOT website):