DUI & DWI in North Dakota
Life seems to plod along without any changes – until, suddenly, everything changes. If you’ve been arrested for DUI and are looking for a North Dakota DUI attorney, likely, many things have changed.
This article will point you in the right direction. You’ll quickly get an overview of:
- North Dakota DUI Laws
- North Dakota DUI Punishments
- Potential DUI Defenses
- North Dakota’s Other Drunk Driving and Alcohol Laws
- How to Find a North Dakota DUI Defense Lawyer
When is a Driver Considered to be Legally Drunk in North Dakota?
North Dakota drunk driving laws are found in The North Dakota2011 Century Code.To read a summary of North Dakota DUI laws click here:ND DUI laws.
To bottom line drunk driving(Blood Alcohol Content) limits:
- BAC of .08 -over age 21 non-commercial drivers.
- BAC of .02 – under age 21 drivers.
- BAC of .04 – commercial and school bus drivers.
If you are caught driving with a BAC at or over these limits or driving unsafely on North Dakota roadways, you will be arrested for drunk driving.
What is North Dakota’s Punishment for DUI Convictions?
- 1st DUI Conviction: Up to30 days in jail – fines of $250 to $1,000- loss of commercial license -drivers license suspension for 90+ days- addiction evaluation – ignition interlock.
- 2nd DUI Conviction within 5 Years: Up to 30 days in jail or 30 days community service – fines of $500 to $1,000 – loss of commercial license – drivers license suspension for 365+ days – addiction evaluation – ignition interlock.
- 3rd DUI Conviction within 5 Years: Between 60 days to 1 year in jail- fines of $1,000 to $2,000 – loss of commercial license – drivers license suspension for 365+ days – addiction evaluation – ignition interlock.
North Dakota Drunk Driving Defenses
Your ND DUI lawyer will work to:
- Get drunk driving charges dropped.
- Get drunk driving charges reduced.
- Prevent prosecutors from proving guilt.
- Identify mistakes made in the stop, BAC testing and reporting, arrest, and detainment process.
- Show that a reversible trial error was made.
- Minimize any criminal sentence.
Potential defenses include:
- Improper stop or arrest.
- Mistakes in BAC testing.
- Irreversible error at trial.
North Dakota’s Other Drunk Driving and Alcohol Laws
Civil Liability for Serving Underage and Intoxicated Persons
Anyone who knowingly serves an underage or visibly intoxicated person is liable for injuries sustained by third persons – excepting adult passengers.
Criminal Penalties for Serving Underage and Intoxicated Persons
In North Dakota, it’s a crime for either a licensed drinking establishment or an individual to furnish alcohol to underage persons and intoxicated persons. Criminal punishments include fines of $2,000 and 1 year of jail time.
How to Find a North Dakota DUI Attorney
Hiring a ND DUI defense attorney is the right thing to do. To find a North Dakota DUI lawyer, search our website, www.attorneys.org, or ask friends or the bar association for a referral.
