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Our Goal Is To Exceed The Expectations Of Our Clients

Experienced, Creative DUI Defense

The penalties for a DUI/DWI in North Dakota are harsh, and winning a case on your own is difficult. The experienced DUI lawyers at Dusek Law have the knowledge and the experience to deliver a strong and creative defense. In every case, we focus on mitigating the consequences our clients face and seeking the best resolution for them.

Attorney David Dusek has more than 20 years of experience and has focused his career on defending the rights of those accused of crimes. While North Dakota and Minnesota take a hard stance against drivers accused of DUI, there are options.

Sometimes, there is a problem with the charge. We have information on the field sobriety tests and work with a team of experts. Attorney David Dusek also has advanced training in DUI defense strategies that focus on possible problems with breath testing machines and their software and source code, as well as the limitations of hospital blood tests. He received that training from the American Association of Premier DUI Attorneys.

Using our knowledge of law enforcement and DUI rules, we create innovative and aggressive defenses for our clients.

We Understand Both North Dakota And Minnesota DUI Laws

In North Dakota, you need to respond within 10 days of receiving your chemical test in order to contest the revocation of your license. Contact us right away to fight for your license.

CDL License Defense

People with commercial driver’s licenses (CDL) face even more severe consequences. People who are convicted of their first DUI or lose the implied consent hearing could lose their CDL for a year. A second DUI could mean losing their CDL for life. Commercial drivers could also lose the ability to enter Canada and could lose Fast Passes. These consequences apply even when the driver was pulled over while using a private vehicle.

Minnesota DUI Laws

Minnesota takes driving under the influence seriously, with strict laws and enforcement. The state defines DUI as operating a motor vehicle while under the influence of alcohol or controlled substances. The legal blood alcohol concentration (BAC) limit is 0.08%, though drivers can be arrested even with lower levels if impairment is evident.

Minnesota’s implied consent law requires drivers to submit to chemical testing when lawfully arrested for DUI. Refusing a test results in automatic license revocation and can be used as evidence in court.

Key penalties for DUI offenses in Minnesota include:

  • First offense: Up to 90 days in jail, fines up to $1,000 and license revocation for up to one year.
  • Second offense: Up to one year in jail, fines up to $3,000 and license revocation for up to two years.
  • Third offense: Up to one year in jail, fines up to $3,000 and license cancellation for up to three years.

Aggravating factors that increase penalties include having a BAC over 0.16%, having a child in the vehicle or causing injury or death. Minnesota’s ignition interlock program allows eligible offenders to continue driving legally while using an installed device that tests their breath before starting the vehicle.

North Dakota DUI Laws

North Dakota defines DUI as operating a vehicle while under the influence of alcohol or drugs, or with a BAC of 0.08% or higher. The state’s implied consent law means drivers automatically agree to chemical testing when operating a vehicle. Test refusal is treated as seriously as a DUI conviction.

Mandatory minimum penalties include:

  • First offense: Mandatory jail time, $500 fine and 91-day license suspension.
  • Second offense: 10 days jail time, $1,500 fine and one-year license suspension.
  • Third offense: 120 days jail time, $2,000 fine and two-year license suspension.

Aggravating circumstances such as high BAC levels (0.16% or higher), having minors in the vehicle or causing accidents with injuries significantly increase penalties. The state maintains a lookback period of seven years for prior offenses and requires participation in the 24/7 Sobriety Program for repeat offenders.

First Steps To Take After A DUI Charge

If charged with DUI, staying composed during law enforcement interactions is vital. Cooperate politely with basic identification requests while maintaining your constitutional rights. How you handle the initial encounter can significantly impact your case.

Critical immediate actions include:

  • Remain calm and respectful during all interactions with law enforcement officers.
  • Exercise your right to remain silent when asked about drinking, driving or your location.
  • Consider declining field sobriety tests, as these are voluntary in most situations.
  • Make an informed decision about chemical testing, understanding implied consent laws.
  • Document everything about the stop, including weather, road conditions and officer interactions.
  • Request a copy of the police report and all evidence related to your arrest.
  • Contact a qualified DUI defense attorney before discussing your case with anyone.
  • Write down exact times, locations and details while they’re fresh in your memory.
  • Get contact information from any potential witnesses who saw your driving or the stop.
  • Review and understand your current license status and driving restrictions.

Time is critical, especially in North Dakota, where you have only 10 days to contest license revocation. It is important to attend all court appearances promptly and professionally dressed. Missing court dates can result in additional penalties and complicate your defense.

Why Choose Dusek Law?

With over two decades of focused DUI defense experience, David Dusek brings extensive knowledge to every case. As a DUI Pro authorized instructor, he maintains a current understanding of defense strategies, including challenging breath testing equipment and procedures.

Our distinctive qualifications include:

  • Advanced training in DUI defense strategies and breath testing challenges.
  • Comprehensive experience in both Minnesota and North Dakota courts.
  • Established working relationships with toxicologists and accident specialists.
  • 24/7 availability for urgent situations.
  • Free initial consultations to review your case.
  • Consistent record of successful case outcomes.
  • Individualized defense strategies tailored to each client’s situation.

David Dusek has built strong professional relationships with local courts and prosecutors while maintaining a dedication to defending clients’ rights. We recognize that each case presents unique challenges, considering factors like employment, family obligations and future goals when developing defense strategies.

Investigating Every Case

We help truck drivers and other people protect their licenses by using creative strategies and thorough investigations. We investigate every case, using private investigators and experts when necessary. We work as a team with our clients to ensure we have all the facts. Once we do, we vigorously negotiate for the best resolution for each client. If negotiations fail, our clients have a strong and innovative advocate fighting for their interests. Dusek Law puts together a defense team that gives them the advantage needed to win a jury trial.

Contact Our North Dakota And Minnesota License Suspension Attorneys

We offer free consultations and are available when you need us. Call us anytime you need legal assistance. Contact us online or call us at 701-639-7744 to speak with our DUI/DWI attorneys.