Our Goal Is To Exceed The Expectations Of Our Clients

Frequently Asked Questions About Drunk Driving Cases

When you face a DUI charge, understanding your legal options is vital. At Dusek Law, based in East Grand Forks, we are here to guide you through the complexities of drunk driving defense with clarity and confidence.

With attorney David Dusek leading our team, we bring three decades of aggressive representation and zealous advocacy to the table. We are committed to easing your burdens by providing top-notch customer service, explaining your legal process in full and delivering personalized legal advice to meet your individual needs.

Does My North Dakota DUI Conviction Count In Minnesota?

Yes, it does. North Dakota and Minnesota share driving records under the Interstate Driver’s License Compact. This means a DUI conviction in one state can affect your driving privileges in the other. Each state can impose its own penalties so that you could face consequences on both sides of the border for the same offense.

Can I Get A DUI In A Parked Car?

You might be surprised to learn that in both North Dakota and Minnesota, you can be arrested and convicted of a DUI even if your vehicle is parked. If you are in the driver’s seat and have control over the vehicle while impaired, that’s enough for a DUI charge.

When Does Drunk Driving Become A Felony?

In North Dakota, a fourth DUI offense within 15 years is treated as a felony. In Minnesota, a fourth offense within ten years or any DUI that results in bodily harm or death escalates to a felony. A DUI felony conviction carries harsher penalties and legal punishments and can stay on your criminal record permanently.

Will I Lose My License?

After a DUI arrest, the likelihood of losing your license in North Dakota or Minnesota is high. The duration of the suspension varies and can be longer if you’re a repeat offender. It is important to have a lawyer to help navigate these waters and potentially mitigate the consequences.

What Are The Penalties For Refusing A Breathalyzer Test

Refusing to take a breathalyzer test in North Dakota or Minnesota can lead to more severe penalties than failing one. This refusal can result in an immediate license suspension and potentially even harsher penalties than the DUI charge itself. In North Dakota, refusing a test can result in a license revocation for up to four years.

How Can A DUI Affect My Employment?

A DUI conviction can have serious implications for your job prospects. It can lead to job loss, and difficulty finding employment, and can even affect professional licenses, especially if you face a felony conviction. Your best chance at protecting your future and career is to work with an experienced criminal defense attorney.

What Is Considered A DUI In North Dakota?

In general, driving under the influence (DUI) occurs whenever someone operates or has physical control over a motor vehicle while they are impaired by alcohol or drugs (or any combination of the two) to the point that they can no longer safely operate the vehicle. “Per se” laws automatically consider a vehicle’s operator to be impaired if their blood alcohol concentration (BAC) is 0.08% or higher. However, it is possible to face DUI charges even with lower BACs. DUIs carry serious criminal charges, including license suspension, community service, probation, fines and incarceration. An attorney can help drivers build a legal defense against DUI charges.

What Is The Difference Between DUI And DWI In North Dakota?

DUI stands for “driving under the influence.” DWI stands for “driving while impaired.” Both DUI and DWI are frequently used throughout the country to indicate a driver who was operating a vehicle unsafely after consuming alcohol or drugs. While many states use DWI in their legal system, North Dakota laws primarily use the term “DUI.” If a driver is arrested for drunk driving in North Dakota, their criminal record would indicate that they were charged with a DUI.

What Are The Penalties For A First-Time DUI In North Dakota?

Drivers who are arrested for drunk driving for the first time can face first-time offense punishments. The minimum punishment if a driver’s BAC level is under 0.16% typically includes a Class B misdemeanor and a $500 fine.

The driver could face two days behind bars and a $750 fine if their BAC level exceeded 0.16%. The driver’s license may be suspended for 91 days if their BAC level is below 0.18% and 180 days for a BAC exceeding 0.18%. A DUI charge may include an addiction evaluation requirement before a driver’s license is reinstated. Additional DUI charges can lead to harsher punishments.

Penalties for drunk driving can go beyond fines and incarceration. A criminal record for drunk driving can make it harder for people to find employment, education and housing opportunities. Drivers can fight a DUI charge in court to protect their future. Legal representation from an experienced North Dakota attorney can help drivers build their case.

Are DUI Penalties Enhanced For Higher BAC Levels?

Yes. Drivers may face harsher punishments if their BAC level is higher than 0.16% at the time of an arrest. These punishments may exceed first-time offense punishments. The driver may be required to pay a $750 fine, spend two days behind bars and have their license suspended for 180 days.

How Do Multiple DUI Offenses Affect Penalties?

If a driver is charged with a DUI following their first offense, they can face harsher punishments. These punishments include:

Second offense within 7 years of a charge: Class B misdemeanor, 10 days behind bars, $1,500 fine and one-year license suspension
Third offense within 7 years of a charge: Class A misdemeanor, 120 days behind bars, $2,000 fine and two-year license suspension
Fourth offense within 15 years of a charge: Class C felony, over one year behind bars, $2,000 fine, probation and additional punishments

Drivers may face additional punishments depending on the factors of an arrest, such as if there was a minor in the vehicle, property damage or injuries to others. An attorney can represent you in court to reduce or dismiss charges for subsequent DUI offenses.

What Happens After A DUI Arrest In North Dakota?

If you are arrested in North Dakota for drunk driving, several events will follow. Upon an arrest, you will likely be handcuffed and placed in a police vehicle, where the police will transport you to a local station to have you processed. The police will run a background check for any warrants and take your fingerprints. You may be required to submit a chemical test, including a breathalyzer, urine or blood test. These tests evaluate the amount of alcohol is in your body at the time of an arrest. The test result can be used during a trial to convict you of drunk driving.

Depending on the charges, your vehicle may be impounded, you may be placed in a holding cell, you may be issued a temporary driving permit and a bail may be set. A temporary driving permit is typically valid for 25 days. Your bail may need to be paid to release you from jail. However, you could be released without bail after spending a certain amount of time in a holding cell.

The booking process can take several hours to a day to complete. A court date will be set to review your arrest. A judge or court may examine the facts of your arrest and determine your punishments, including incarceration, fines, community service and probation. You may appear in court with legal representation to negotiate a plea bargain. An attorney can help you dismiss or reduce DUI charges.

Do I Have The Right To Refuse A Breathalyzer Test?

Breathalyzer tests are used to determine the amount of alcohol a driver has consumed by having the driver blow into a small device. After the driver blows into the breathalyzer test, the test detects the driver’s BAC level. The more alcohol the driver has consumed, the higher the BAC level will be on the test.

While you can refuse a breathalyzer test after a lawful arrest, you could face punishments for doing so. Every driver agrees to North Dakota’s “implied consent” laws upon receiving their license. Implied consent laws state that drivers agree to take breathalyzer tests if detained by the police under suspicion of drunk driving. Refusing a breathalyzer test can lead to an automatic 180-day license revocation with additional time for subsequent refusals. Refusing to take a breathalyzer test can also be seen as an admission of guilt or “guilty knowledge,” which can be used as evidence in court to charge a driver with a DUI.

How Long Do I Have To Request An Administrative Hearing After A DUI Arrest?

After a DUI arrest, your driver’s license may be suspended for 91 days to 180 days, depending on your BAC level. A suspended license means that you can not operate a vehicle legally. However, you may be able to contest the suspension by requesting an administrative hearing. 10 days from your arrest, you have to request an administrative hearing with North Dakota’s Department of Transportation to contest the license suspension and reinstate your driving rights. Failing to make this request within 10 days waives your right to challenge the suspension. You need to speak to an attorney immediately after an arrest to prevent the loss of your legal rights.

Ready To Defend Your Rights? Contact Dusek Law Today

If you face a DUI charge, don’t hesitate to contact an experienced defense attorney as soon as possible. Call Dusek Law at 701-746-4107 or fill out our online contact form for a free consultation at our East Grand Forks office. Our experienced legal team is at your service 24 hours daily, ready to fight for you.