North Dakota DUI/DWI Defense Attorneys
Sand Law is Your North Dakota DUI Defense Attorney
With the constantly changing DUI laws in North Dakota, it is essential if you have been charged with DUI/APC that you contact a firm that can defend your rights to the full extent of the law.
In many other states, a DUI (Driving Under the Influence) is known as a DWI (Driving While Intoxicated). North Dakota takes a different approach to drinking and driving laws because under North Dakota law a driver can be UNDER .08% BAC (Blood Alcohol Concentration) and still be charged with a DUI. That is why it is important that you hire a law firm that understands the specific nuances of the law.
Here’s a look at how Sand Law North Dakota DUI Attorneys approach defending your case:
Free Consultation with North Dakota DUI Attorneys, Sand Law
We provide you with a free consultation to discuss the circumstances of your particular case. Every case is factually unique, which means that every case contains unique legal issues. The consultation phase gives us a chance to get a jump start on your case before dealing with the prosecution or walking into the courtroom.
In Depth Case Evaluation by Sand Law
Once our firm receives the discovery information on your case, we dissect the complete case file for legal issues and constitutional deficiencies. Combined with the information gathered from you at your free consultation, this process affords us the opportunity to be one step ahead of the game.
Sand Law’s Dedicated Advocacy
Our attorneys are passionate about defending your legal rights. Whatever the circumstances of your case are, it’s our goal to provide you with the most effective representation possible.
North Dakota DUI Cases
The North Dakota DUI Law Firm handles the following levels of DUI offenses:
- First Offense DUI
- Second Offense DUI
- Third Offense DUI
- Fourth Offense DUI
- Felony DUI
- Drug Involved DUI
What are the penalties for a North Dakota DUI offense?
North Dakota First Offense DUI
A North Dakota first DUI offense is a Class B Misdemeanor. A first offense could carry the following fines and penalties.
There is no minimum jail sentence for a first DUI offense unless your BAC level was .16% or greater. In these cases, there is a 2 day minimum jail term or 20 hours of community service. The fine amount for a first offense will typically be between $500 and $1,500 plus court costs. You will also be required to attend a DUI class. If you refuse a DUI test on your first offense, your license will be revoked for 1 year and you will not be eligible for a restricted license. A first offense conviction with a BAC level below .16% will result in your license being suspended for up to 91 days. For a BAC of .16% or greater, your license can be suspended for up to 180 days. In both cases, you may apply for a work permit after 30 days of your suspension.
North Dakota Second Offense DUI
A North Dakota second DUI offense is a Class B Misdemeanor and must be committed within 7 years of the first offense to count as a second offense. A second offense could carry the following fines and penalties.
A second DUI offense will result in a mandatory 10 day jail sentence, or up to 30 days of community service. Some of the jail time, if sentenced, can be served under house arrest. The minimum monetary fine for a second offense is between $1,000 and $1,500 plus court costs. You will also be required to attend a DUI class. If you refuse a DUI test on your second offense, your license will be revoked for 3 years and you will not be eligible for a restricted license. A second offense conviction with a BAC level below .16% will result in your license being suspended for up 1 year. For a BAC of .16% or greater, your license can be suspended for up to 2 years. You will not be eligible for a work permit for a second DUI offense.
North Dakota Third Offense DUI
A North Dakota third DUI offense is a Class A Misdemeanor. A third offense could carry the following fines and penalties.
A third DUI offense will result in 120 days to 1 year in jail. Some of the jail sentence can be served under house arrest and up to 60 days of the jail sentence may be suspended if you complete an alcohol program. The minimum monetary fine for a third offense is between $2,000 and $3,000 plus court costs. You will also be required to attend a DUI class.
If you refuse a DUI test on your third offense, your license will be revoked for 5 years (if your previous 2 were within 7 years) and you will not be eligible for a restricted license. A third offense conviction with a BAC level below .16% will result in your license being suspended for up 2 years. For a BAC of .16% or greater, your license can be suspended for up to 3 years. You will not be eligible for a work permit for a third DUI offense.
North Dakota Fourth Offense DUI
A North Dakota fourth DUI offense can be charged as a Class C Felony. A fourth offense could carry the following fines and penalties.
A fourth DUI offense will result in a minimum of 1 year in jail, up to 5 years. Up to 4 of those years may be waived with the completion of an alcohol treatment program. The minimum monetary fine for a fourth offense is between $2,000 and $10,000 plus court costs. You will also be required to attend a DUI class. A fourth offense conviction with a BAC level below .16% will result in your license being suspended for up 2 years. For a BAC of .16% or greater, your license can be suspended for up to 3 years. You will not be eligible for a work permit for a fourth DUI offense.
North Dakota DUI Laws for Commercial Motor Vehicles
Operating a commercial motor vehicle in the state of North Dakota while under the influence, or failing to submit to a blood alcohol test, will be arrested for DUI and their commercial driver’s license (CDL) will be revoked for 1 year. A second CDL DUI offense will result in your CDL being revoked permanently. If you were operating a commercial vehicle that was carrying hazardous materials at the time of your DUI, your CDL will be revoked for 3 years. Like any other CDL DUI second offense, a second DUI while carrying hazardous materials will result in permanent revocation of the CDL.
North Dakota SR22 Requirements
Once you completed the required steps and penalties for a DUI in North Dakota, you will be required to get SR22 auto insurance. SR22 is a high risk auto insurance policy that often costs more than regular insurance and helps to protect other drivers on the road since a convicted DUI offender is a proven hazardous driver. Before the North Dakota DMV will reinstate your license after revoking it for a DUI offense, you will be required to file an SR22 form to prove you have the necessary insurance coverage. In most cases, you will be required to carry SR22 coverage for a period of 3-years.
North Dakota Felony DUI
For a DUI offense to be charged as a felony in North Dakota, the driver must have at least three prior DUI offenses within the past fifteen years. This law was recently updated, since prior to 2013, prosecutors could charge a person with a felony if they had three prior DUI offenses within their entire lifetime.
The fifth time you are arrested and convicted of DUI in North Dakota you will most likely be charged with a Class C Felony.
Most drunk driving cases in North Dakota are treated as a misdemeanor, as we have covered above. However, a DUI offense could be elevated to a felony depending upon other factors.
- Bodily Harm: If you kill or injure another person in a motor vehicle accident while driving drunk, North Dakota could file felony charges. This could include passengers in your vehicle, the driver or passengers in the another vehicle, or a pedestrian or bicyclist.
- Breaking Other Laws or Drugs Involved:In some places, if you are caught driving drunk while breaking other laws simultaneously, it is possible for the state to elevate the misdemeanor charge to a felony. For example, if you are driving drunk while also in possession of drugs, you may be charged with a felony.
- Driving With a Suspended License: You could also be charged with a felony in North Dakota if you are driving drunk or impaired while your licensed is restricted, suspended, or revoked.
Are sobriety checkpoints legal in North Dakota?
Yes, sobriety checkpoints (aka DUI checkpoints or stops) are legal in the North Dakota. Sobriety checkpoints are prearranged law enforcement events where officers set up on a roadway stop to randomly check drivers for DUI and other illegal activities. Sobriety checkpoints are usually set up on high risk days, like New Years Eve, the Super Bowl, or The Fourth of July. They may also be used to curb DUIs on notoriously dangerous roads or areas, or after the town or area sees a spike in DUI arrests. According to the North Dakota Prevention Resource and Media Center, sobriety checkpoints are supported by over 71% of North Dakotans.
What if you refuse to take a DUI test in North Dakota?
North Dakota has an implied consent law. This means that by having a driver’s license, you have already consented to taking a DUI test. Driving is considered a privilege provided by the state, not a human right. If you refuse to submit to a DUI test you may be fined and will have your license automatically suspended.
For your first offense, your license will be revoked for 1 year. For a second offense within 5 years, your license will be revoked for 3 years. If you receive a third offense with two in the last 5 years, your license will be revoked for 4 years.
Contact a North Dakota DUI Defense Lawyer to help you fight your case
A DUI charge in North Dakota is a serious offense that could affect your future, finances, and employment. Even if this is your first DUI–or if you have had other DUI offenses in the past, caused property damage, injuries, or endangered a child–you may have aggravating circumstances that will definitely require the help a DUI attorney.
If you were charged with a DUI and are innocent, meaning you were not drinking at all, but failed the field sobriety test or the BAC test, then hiring a DUI attorney is crucial to proving your innocence. Do not try to represent yourself if you plan to argue your innocence in front of a court; seek legal counsel.
A DUI attorney will help you to prepare for court, complete requirements prior to your court appearance, file the proper forms with the DMV, and help you to complete any alcohol education or treatment programs required by North Dakota to regain your driving privileges.
Sand Law’s DUI attorneys will guide you through the DUI court process and help you to avoid as many of the penalties and inconveniences as possibles.
With offices in Williston, Watford City, Minot, and Bismarck, we are strategically located to handle DUI, DWI, and APC cases throughout the State of North Dakota.
Contact the DUI Attorneys at Sand Law Today
How can I contact an experienced DUI attorney in North Dakota near me?
If you or a loved one has been has been charged with a DUI in North Dakota, contact the aggressive and experienced attorneys at Sand Law PLLC. Call 701-609-1510 or email us for a DUI case consultation.