Drunk driving defense is a specialized area of law, and should never be left to an amateur. The skilled local defense attorneys from 1.800.NOT.DRUNK and www.NotDrunk.com have the experience to defend a drinking and driving charge anywhere in North Dakota.

North Dakota DUI / DWI arrests actually trigger two separate cases – in court, and at the Department of Transportation. The court case can result in fines, jail time, and other punishment, and the DOT case can end with the driver’s license being suspended. Contact a North Dakota DUI LAWS lawyer for a free consultation and take the first step toward aggressively fighting a drunk driving case.

North Dakota DUI / DWI cases are prosecuted under one or both of two different theories. The first theory is based on traditional notions of impairment, namely that the motorist was unable to safely operate a motor vehicle because he or she ingested alcohol and/or drugs. In the traditional North Dakota drunk driving case, the person’s driving pattern, physical signs and symptoms, and field sobriety test performance are used as circumstantial evidence of impairment.

The second allegation in a North Dakota DUI / DWI case is that the driver violated the state’s “per se” laws, meaning he or she had a blood alcohol concentration (BAC) of .08 percent or greater. This is very different than the traditional North Dakota DUI charge. In the North Dakota drunk driving "per se" charge, the condition of the driver is irrelevant. The per se charge is based only on the scientific evidence of the blood or breath alcohol test.

It’s important to note that blood or breath test results are only relevant to the arrestee's BAC at the time of driving, not the time of testing. It is illegal to drive with a BAC of .08 percent or greater, but it is not against the law to have an excessive alcohol level at the police station hours after driving. Since alcohol levels change over time, this is a critical distinction, and a skilled North Dakota DUI / DWI defense lawyer will be able to use this information to the driver’s best advantage.

If the driver refused to submit to a breath or blood test following aDUI / DWI arrest, that information can be introduced as consciousness of guilt at the trial; however, a North Dakota DUI defense lawyer will know how to successfully meet this evidence in appropriate cases. Refusing to take the breath or blood test in a North Dakota drunk driving case can result in a separate administrative sanction of driver’s license suspension from one to three years.

North Dakota has a seven-year “washout” period for drunk driving offenses, meaning that if a DUI / DWI arrest occurs more than seven years after a prior offense, the later arrest will be treated as a first-offense drinking and driving offense.

The punishment faced by motorists convicted of drinking and driving depends on the number of priorDUI / DWI convictions the driver has. The driver faces possible jail time, fines, and the requirement of having an ignition interlock device installed in all vehicles.

The North Dakota Department of Transportation will launch a separate case against anyone accused of DUI, which is yet another reason it is vital to hire a North Dakota DUI / DWI lawyer if you or anyone you care about is accused of North Dakota DUI / DWI or other drunk driving related charges. Administrative license suspensions are as short as 91 days for a first offense, up to several years for a multiple-offense.

The consequences of a North Dakota drunk driving arrest are severe, so it’s critical to have skilled legal representation. The experienced attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com will provide a free consultation and outline an aggressive defense strategy designed to protect the driver’s rights and minimize or even eliminate the negative consequences of a North Dakota DUI / DWI arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.