Although overall consequences will be dependent on your blood alcohol content (BAC), as well as your current driving record, you’ll be arrested if your BAC is .08% or higher if you’re over 21 years of age, .02% if you’re under 21, and .04% if driving a commercial vehicle. If you happen to refuse the alcohol breath test that’s required when you get pulled over for suspected drunk driving, you’ll lose your North Dakota driver’s license immediately.
Recently arrested for a DUI in North Dakota? Our criminal defense team can answer any questions you have about your upcoming court case.
When you’re charged with a DUI in North Dakota, there are both administrative and criminal penalties involved.
- The first time you’re pulled over for a DUI and your BAC falls between .08% and .17%, you’re going to lose your driver’s license for 90 days. If your BAC is higher, it’s doubled to 180 days. You’ll also receive a fine in the amount of $250, as well as given information on local alcohol addiction facilities to contact
- If you get pulled over again within 5 years of your first offense, you’ll lose your license for 1 year if your BAC falls between .08% and .17% and 2 years if it’s higher. Your fine will be $500, and you’ll have to spend 5 days in jail or sign up for 30 days of community service
- Getting pulled over a third time within that 5 year time frame means you’re losing your license for a period of 2 years if between .08% and .17%, 3 years if higher. Your fine jumps to $1000, and you’ll be sentenced to 60 days in jail.
- A fourth DUI offense made within 7 years of your first offense brings with it the same penalties as the third offense, except you’ll have to do 180 days of jail time. Additionally, you won’t get your driver’s license back until you’ve completed treatment for alcohol addiction and have a clear record when it comes to alcohol-related offenses for a minimum of 2 years
- Your fifth offense is a class c felony. You’re automatically hit with a $5000 fine, and will have to do up to 5 years of jail time.
Driving Under Suspension – DUS
If a court of law finds you guilty of driving under the influence, your right to drive is taken away. You have the right to appeal the suspension, which involves your contacting the court within 10 days so they can set a court date for the appeal. Because there are multiple factors that need to be addressed in a court of law once you decide to appeal, and not a lot of time to do so, it’s important for you to make sure you’re completely prepared to appeal the suspension of your driver’s license. There are exceptions to the rule that allow you to apply for a restricted license if you need to get you work or school, but there are a few conditions that must be followed:
- Must have a clean record for the past year
- Must enroll in a drinking, drug program that’s been approved by the courts
- Must have a letter recommendation from the court district you live in
Why Hankey Law Firm
According to a recent survey on the most dangerous states for drunken driving, North Dakota came in first. This has led to stricter DUI laws in ND, which means you can get arrested even if you’re BAC was below the legal limit. An officer has the right to arrest you if you display any signs that makes them think you may be driving under the influence. In fact, as soon as an officer sees a driver driving suspiciously, they start making their case against them. Our criminal defense attorneys have the experience and knowledge to effectively persuade prosecutors that charges should be reduced or simply dismissed.
*DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) mean the same thing, and are often used interchangeably.
If you’ve received a DUI charge, you’ll benefit from having the best criminal defense lawyers in North Dakota by your side.
We are 100% dedicated to protecting your rights. Call us at 701-746-4529
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Our dedicated criminal law attorneys will fight hard to make sure your case is handled quickly and fairly. Contact North Dakota and Minnesota law firm Hankey today at 701-746-4529 or click below to fill out our contact form.