DUI is a more serious charge than people often suspect. A DUI conviction may cause you to lose your driver’s license and spend time in jail. Repeated DUI convictions may result in a prison sentence.
Listed in "The Best Lawyers in America" for work in the practice area of DUI/DWI defense, McCabe Law Firm takes pride in our successful defense of DUI related cases. Attorney Chad McCabe has extensive trial experience in DUI cases, handling nearly 300 jury trials and over 7,000 DUI cases.
The most common mistake that a person accused of DUI can make is to assume that the case cannot be won. An experienced DUI lawyer can identify possible defenses and win your case any number of ways. These defenses range from suppressing evidence gathered in violation of your rights, to questioning the accuracy of chemical tests or field sobriety tests, to challenging the conduct of the police officer(s) who arrested you.
At McCabe Law Firm, we believe that experience and a vigorous defense can often mean the difference between winning or losing your DUI case. When you reach out to us, we will meet you personally and offer an honest assessment of your case. If you need a Bismarck Mandan DUI defense lawyer find out why our clients trust us exclusively to protect their rights in court.
North Dakota DUI Laws & Penalties
In North Dakota you can be arrested for DUI (Driving Under the Influence), by driving with a blood alcohol content of .08% or greater, by driving under the influence of alcohol, drugs, or both, and even by refusing any chemical test requested of you. In some other states the charge is also known as DWI (Driving While Intoxicated).
Usually, an officer will need to determine whether you are under the influence by performing one or more field sobriety tests. The tests can range from a walk and turn test to a more extensive test such as a blood, breath or urine test.
A first DUI offense is considered a Class B misdemeanor, which carries a maximum prison sentence of 30 days, fines of up to $1,500, driver’s license suspension for up to 91 days, and other penalties. However, if your blood alcohol content (BAC) level is at least .16 percent, then you must serve a mandatory minimum jail term of two days.
Additionally, if your BAC level is at least .18 percent, then your driver’s license suspension will last up to 180 days, instead of 91 days. Refusal to submit to a post-arrest chemical test is punishable by a 180-day license revocation.
Being arrested for a DUI can be very frightening and embarrassing, but an attorney experienced in defending people charged with driving under the influence will help assist you in trying to stay out of jail and getting the charge dismissed or reduced.
Is North Dakota a No Tolerance State?
North Dakota is a no tolerance state when it comes to anyone under the age of 21 operating a motor vehicle when blood alcohol measures .02 and above.
Do You Lose Your License Immediately After a DUI in North Dakota?
In North Dakota, you can lose your license after a DUI. A first offense conviction with a BAC level below .16% will result in a license suspension period of up to 91 days and a 180 day suspension for a BAC of .16% or greater. In both cases, you may be eligible for a work permit after 30 days of your suspension period has passed. Before the North Dakota DMV will reinstate your license following your suspension period or issue you a work permit you will be required to show proof of financial responsibility in the form of a North Dakota SR22 insurance policy that meets the states minimum auto insurance liability coverage limits.
What You Should Do After Arrest
While you should be polite to the officer, you should always refuse all field sobriety testing except the chemical test and always remain silent!
Refusal to perform any chemical test for the officer will most likely result in worse consequences in most situations, including a criminal charge for refusal of any chemical test.
Be courteous but DO NOT ANSWER QUESTIONS and politely say, "I want a lawyer" and maintain that request again after being arrested. Believe it or not, but most people provide the evidence needed to convict themselves to the police through confessions, statements, or other evidence.
Important 10-day Deadline: If you have been arrested in North Dakota for DUI or an intoxication offense, it is important that you contact an attorney immediately, as you may only have 10 days from arrest to request an administrative hearing to contest the suspension or revocation of your driving privileges. You or your lawyer definitely should request a hearing.
How Long Does a DUI Stay on Your Record in the State of North Dakota?
In North Dakota, a DUI will stay on your driving record for seven years. Those convicted of a DUI, can gain additional points in your driving record.
Is a DUI a Felony in North Dakota?
In North Dakota, a DUI is a felony when it is your fourth DUI within 15 years of your previous DUI. A DUI is also a felony when certain factors occur in your DUI conviction such as the death of another, resulting in injury to another, or if there was a minor present in your vehicle during the conviction of your DUI. If you were charged with a felony DUI, you can also lose the following rights:
- the right to vote,
- the right to sit on a jury,
- and the right to own or possess a firearm.
You may also lose the right to certain types of job employments such as careers in law enforcement, schools, and hospitals. Some employers will reject people who have a felony conviction, or state in a job posting that applicants must have a clean background check.
Can You Get a DUI Expunged in North Dakota?
You can get your DUI expunged/ sealed in North Dakota. However, there are limitations to this, such as an individual must have pled guilty to or have been found guilty of the offense. For misdemeanor offenses, an individual may petition the court if they have not been charged with a new crime for at least three (3) years from the date of release from incarceration, parole, or probation. For felony offenses, an individual may petition the court if they have not been charged with a new crime for at least five (5) years from the date of release from incarceration, parole, or probation.
“He is hardworking and has a great understanding of the law. I wouldn’t hire anyone else.”- E.S.
“He was very nice and professional and he gets the job done. I would highly recommend him.”- L.M.
“When I called the McCabe Law Office and spoke with Chad, I felt a sense of well-being, knowing that my case was being handled by a reputable attorney.”- T.T.