DWI/DUI
DWIs or DUIs are some of the most common criminal charges in North Dakota. In fact, according to the ND Attorney General’s office, DUIs make up nearly a quarter of all adult arrests in North Dakota.
This article will help you understand what to do if you have been charged with a DUI in North Dakota, when to seek legal counsel, and how you can defend yourself if you were caught driving under the influence.
Table of contents
DUIs in North Dakota
1st Offense
2nd Offense
3rd Offence
4th or More Offense
Aggravating Factors
24/7 Sobriety Program
DUI Defenses
DWI/DUI in North Dakota
Many people wonder what the difference is between a DWI and a DUI.
DWI stands for driving while intoxicated, while DUI stands for driving under the influence. Each state calls the offense something different, and in North Dakota, impaired driving is typically called a DUI.
In North Dakota, you can receive a DUI for driving impaired from drugs or alcohol. When it comes to alcohol, the legal limit in North Dakota is a blood alcohol content (BAC) of over .08%. When it comes to drugs, any presence of drugs in your system is considered a DUI in North Dakota.
For minors, there is zero tolerance for anyone under 21 operating a motor vehicle under the influence of drugs. With respect to alcohol, it’s near zero tolerance. A minor operating a vehicle with a BAC over .02% will be charged with a DUI.
Importantly, using a doctor’s prescription is not a defense for driving under the influence of drugs. Even if you are legally entitled to consume a drug and you are using it as directed by a doctor, you are not allowed to drive or operate a vehicle while under the influence of the drug.
It’s important to realize DWI/DUI cases are not always black and white, so it is beneficial to consult with one of our attorneys if you have been arrested on these charges. We offer free consultations for all DUI charges and can counsel you on whether your case could benefit from legal representation.
1st DUI Offense
You may be found guilty of a DUI if your BAC registers above .08% within two hours of operating a motor vehicle.
This charge is classified as a Class B misdemeanor and carries a penalty of $500 and loss of driving privileges for 91 days.
In the event your BAC registers over .18%, you could face a fine of $750 and 2 days in jail. You will also lose your driving privileges for 180 days and must go through a chemical or addiction evaluation.
2nd DUI Offense
If you have received two DUIs in North Dakota within 7 years, you could face harsher penalties.
While this charge is still classified as a Class B misdemeanor, the penalties include 10 days in jail and a $1,500 fine. You will also have to participate in the 24/7 Sobriety Program for 360 days, lose your driving privileges for 365 days, and must complete an addiction evaluation.
In cases where the second DUI offense registers a BAC above .18%, you could lose your driving privileges for 2 years.
3rd DUI Offense
If this DUI charge is your third in 7 years, you will face increased penalties in North Dakota. DUI offenders are usually charged with Class B misdemeanors, however, DUIs under these circumstances are Class A misdemeanors punishable by up to 120 days in jail and a $2,000 fine.
Additionally, you could face 360 days in the 24/7 sobriety program, 360 days supervised probation, a chemical addiction evaluation, and a 2 year suspension of your driving privileges.
Individuals with a BAC of over .18 on their 3rd DUI could lose their driving privileges for 3 years.
4th DUI Offense
A fourth or subsequent DWI charge within 15 years is a Class C felony. This charge carries a sentence of at least 1 year and 1 day in prison and a fine of at least $2,000. You will also be required to complete a substance abuse evaluation by a qualified treatment facility, at least 2 years of supervised probation, and 2 years of participation in the 24/7 sobriety program.
DUI Aggravating Factors
There are several factors that make your DUI worse in the eyes of the law. If any of the following are true, your charges will be enhanced:
Minors in the car at the time of DUI arrest.
DUI caused an accident that resulted in serious injury or death.
Refusing a chemical test to measure blood alcohol content (BAC) level.
Penalties For DUIs with Aggravating Factors
Refusing to submit to a chemical test or breathalyzer is a crime in North Dakota. The penalty for this crime involves the loss of driving privileges for a minimum of 180 days, but can be to up 3 years.
Diving while impaired with a child in the car includes a penalty of up to 1 year in jail, a $2,000 fine, or both.
DUIs resulting in a serious bodily injury can include up to 5 years in prison. If someone dies due to your impaired driving, you could spend up to 20 years in prison.
What is the 24/7 Sobriety Program?
Individuals charged with or convicted of driving under the influence of alcohol or controlled substances in North Dakota have an alternative to jail through the state's 24/7 Sobriety Program.
The program is a continuous monitoring system in which individuals are subject to random and/or routine testing to assess the presence of alcohol or other restricted drugs in their system.
In most cases, participants will start out submitting to a twice daily, in-person sobriety test. As a reward for compliance, individuals may later be moved to wearing a Continuous Alcohol Monitoring bracelet, which detects the presence of alcohol or skin patch that monitors for illicit drugs.
Some smaller jurisdictions in North Dakota may skip the in-person testing and go straight to alcohol monitoring bracelets or drug patches due to staffing shortages.
In person sobriety tests are extremely burdensome for individuals. You must appear in-person for a breathalyzer at 7 a.m. and 7 p.m., every day of the week, for an entire year.
You are also responsible for the financial cost of participating in the program.
Each breath test costs $1.00/test - $2.00 total per day
SCRAM (bracelet) - $6.00 per day monitoring fee.
Each drug patch costs $55.00/patch
Urinalysis fee is $5.00 per test and $25.00 for laboratory confirmation
The total cost for the Sobriety 24/7 program could range from $700 to well over $4,000 depending on the terms of your participation.
The Best DUI Defenses
Attorneys at Ringstrom DeKrey have defended hundreds of DUIs across the Red River Valley. It may seem like you are dead to rights when charged with a DUI, but there are several legal and scientific issues that can be used to defend yourself against these charges. Below we have outlined some of the most common and effective DUI defenses.
Inaccuracy of Field Sobriety Tests & Breathalyzer Results
The National Highway Traffic Safety Administration has stated that field sobriety tests are not reliable indicators of impairment. There are several factors such as age, weight, and medical conditions that can affect your ability to pass these tests.
A breathalyzer measures the amount of alcohol in your bloodstream. However, this test is not 100% accurate. If you have been drinking heavily over a period of time, your body will break down the alcohol at a slower rate than someone who drinks lightly. This could result in a falsely high reading on the breathalyzer test.
Body temperature variations when the breathalyzer test is given can also result in inaccurate readings. Breathalyzer instruments can have up to a 10% margin of error, which can cause erroneous readings.
Previously, we have used forensic toxicology experts to identify breath testing issues. These experts could raise reasonable doubt regarding the results of your breath test and offer a defense against your charges.
Illegal Stop Or Illegal prolonging of stop
Drivers cannot be pulled over or stopped unless a law enforcement officer has a reasonable suspicion that a traffic or other law has been violated. Police officers also cannot extend a traffic stop absent reasonable suspicion.
The state must obtain all evidence lawfully and in accordance with the Fourth Amendment. The Fourth Amendment protects all people from unlawful searches and seizures.
Law enforcement may not pull over a driver based on a gut feeling. For example, driving late at night is not a crime, nor is leaving a bar or a party. Officers must demonstrate that there was a reason or justification for making a traffic stop.
In cases where there is no legal justification for the traffic stop, attorneys at Ringstrom DeKrey can analyze the case and file a motion to suppress evidence.
Recently, we successfully filed a motion to suppress and got 65 pounds of drugs thrown out. The case was dismissed and it saved our client over 17 years in prison. We will take the same careful approach to your case.
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Email: assistant@ringstromlaw.com
Tel: 218-284-0484
730 Center Ave #202
Moorhead, MN 56560