What Happens After a North Dakota DUI Arrest?

By: Dakota DUI

A North Dakota DUI arrest creates two separate cases: The first is an administrative case with the Department of Motor Vehicles, which determines if your driver’s license will be suspended for a few months or for several years. The second is the criminal case with the courts to determine if you will be convicted, sentenced to jail, required to pay any fines, be directed to take alcohol education courses, and/or if you will be required to have an interlock ignition device (IID) installed in your car. Your dui defense lawyer can represent you in both cases, working to keep your driving privileges and freedoms intact.

There are two separate theories under which the North Dakota DUI criminal case can be prosecuted and, depending on the circumstances, you can be prosecuted under one or both theories. The first is the per se law that makes it illegal to drive with a blood alcohol concentration (BAC) of .08 or above, and has nothing to do with how safely you were operating your vehicle. The second is the traditional theory of impairment, meaning you were found to be operating your vehicle unsafely because you had been drinking or taking drugs. Under this theory your driving pattern or your lack of coordination during field sobriety tests are going to be used as evidence of impairment.

A dui defense attorney can defend your case depending on which theory you’re being prosecuted under, and it is possible to be prosecuted under both theories. From disputing the findings of the chemical test that was used to determine your BAC was .08 or above, to discrediting the methods used during the field sobriety tests, the best dui attorney will use all the ammunition in his arsenal to not only lessen the charges against you, but to attempt to have the charges dismissed entirely.

All dui cases are unique, and these differences can lead to various dui consequences:
Did you refuse to take a blood, breath, or urine test to determine your BAC? You can still be criminally prosecuted in court, because refusal is evidence of consciousness of guilt. A refusal will also affect your driver’s license; it will be automatically suspended from one to three years because of the implied consent law.

Do you have a prior DUI? North Dakota has a washout period of seven years, which means that if your prior DUI was more than seven years old, it has been washed off your record. If, however, the prior DUI was within seven years, then the dui punishments will be greater than if this was a first offense.

Were there any aggravating circumstances surrounding your case? These include a dui arrest when a minor is in the vehicle, a dui accident involving death, injury, and/or property damage, excessive speed, or other additional driving citations. Aggravating circumstances usually bring increased fines and jail sentences.

No matter the circumstance, you’ll need an experienced professional defending your rights.

About the Author

http://www.myduiattorney.org/north-dakota-dui-lawyers.html. A dui defense attorney can defend your case depending on which theory you’re being prosecuted under, and it is possible to be prosecuted under both theories. http://www.myduiattorney.org/north-dakota-dui-lawyers.html.

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