Has a DUI charge in the Peace Garden State left you feeling anything but peace? A DUI charge in North Dakota actually triggers two separate cases. The first is a pre-conviction administrative driver’s license suspension and the other is a criminal court case. You only have a limited time after your arrest date to request a hearing the Department of Transportation, otherwise you will automatically lose your license for 91 days.
You can be charged for a DUI in North Dakota based on traditional notions of impairment, namely that you are unable to operate your vehicle safely due to the influences of alcohol. North Dakota DUI cases can also be prosecuted on a “per se” theory, where it is illegal to drive with a blood alcohol content of .08% or greater. This is not based on your driving performance or field sobriety tests. It is based only on your chemical test results.
North Dakota DUI Penalties
Unless your BAC was .15% or higher, you most likely won’t see jail for a first offense. You will be fined $250 to 1,000 and you will be referred (but not legally required) to seek alcohol treatment. Community service, probation, vehicle impoundment, ignition interlock, restricted travel, insurance problems and even loss of job may all be penalties you’ll face with a DUI.
North Dakota BAC
Defined as a Class I misdemeanor, your are charged with a DUI if your blood alcohol content is .08% or greater. Your BAC can be determined through chemical testing of your blood, breath or urine. Breath testing is the only one police officers can administer to you. They like the breath test because it’s portable and can be done on scene. However, this can have inaccurate results at time.
Field Sobriety Tests
The HGN (horizontal gaze nystagmus), one leg stand and walk and turn are all examples of common FSTs used by police to determine if you are drinking and driving. The HGN will test your eyes as you follow an object. Here the officer is looking for involuntary eye jerking. The latter two test for balance and coordination.
Ignition Interlock
If the judge orders, this device will be installed in your vehicle at your expense. It will require you to breathe into the machine alcohol-free. If you don’t, your car will not start.
Zero Tolerance
This law applies if you are under 21 and had at least .02% of alcohol in your blood while in control of a motor vehicle. This will cause you to lose your license for 6 months.
Hire a DUI Lawyer
Looking for a DUI Lawyer in North Dakota? The state is full of qualified attorneys who specialize in cases just like yours!