North Dakota DUI Law

Drunk Driving is not viewed favorably in the state of North Dakota, making it fairly important to understand all of the minute details of the state’s DUI Law. First of all, it is key to comprehend that an offender may be prosecuted for DUI under one or both of two different legal theories. The first legal theory states that an individual may be charged with a DUI if they are operating a vehicle while under the influence of alcohol and/or drugs, thus making them physically and mentally impaired. This charge can be tested through the results of an individual’s field sobriety test, observations made by the arresting officer of the individual’s driving patterns and/or their physical signs and symptoms of impairment.

The second legal theory allows an individual to be prosecuted for a DUI if they are violating the state’s “per se” law. Under North Dakota’s per se law, an individual with a blood alcohol level (BAC) of .08 percent or higher is considered legally intoxicated. The “per se” law, unlike the previous legal theory, is based solely on the offender’s overall body chemistry and not whether they were noticeably impaired at the time of arrest.

Law enforcement officers in North Dakota utilize a variety of techniques and tools to test if an individual is driving impaired or not. For example, these tests/tools may include sobriety checkpoints, public enforcement campaigns, standardized field sobriety tests, Preliminary Breath tests (these are mobile breath testing devices that allow for an individual’s BAC to be tested in the field), Breathalyzer tests, and mobile videotaping.

Punishments for Drunk Driving in North Dakota

When an individual is charged with a DUI in the state of North Dakota, the law states that their actions will cause two separate court cases to be initiated. The first is a criminal court case, where the resulting penalties may include severe fines, a jail sentence, community service, mandatory alcohol education courses, or compulsory ignition interlock device installation in the offender’s vehicle. In the second case, which is a North Dakota Department of Motor Vehicles hearing, the offender may have their driving privileges temporally suspended.

In addition, if the offender refused to take either a breath or blood test following their initial arrest, this may automatically result in the suspension of the offender’s driving privileges. Secondly, if the defendant had a previous DUI charge within the seven years prior to their current one, the penalties may be much stiffer.

The DUI law of North Dakota is fairly stringent and unforgiving, therefore making it highly advisable for a DUI offender to contact a North Dakota DUI Defense lawyer immediately upon being charged. If you are arrested and charged for a DUI in the state of North Dakota, it is strongly recommended that you contact a DUI defense lawyer immediately.