North Dakota Drunk Driving Defense Attorneys
- Grand Forks-Fargo
- Edinger, Richard:
DUI
In North Dakota, there are two separate cases in a driving under the
influence (DUI) case. There is an administrative proceeding in which the
North Dakota Department of Transportation attempts to suspend your North
Dakota driver license or your privileges to drive in North Dakota. The
second case is the criminal case in which you face the possibility of
jail time, a fine, and other penalties.
The administrative proceeding is started when a person is served a
Report and Notice under Chapter 39-20. The person must request an
administrative hearing within 10 days after being served the Report and
Notice under Chapter 39-20. If this is not done, even if the motorist
has a meritorious defense, the motorist has lost their license! There
are no exceptions to this! The administrative proceeding is separate and
distinct from the criminal case. Thus, even if the criminal case is
ultimately dismissed, if you did not request an administrative hearing
within 10 days, your license or privileges to drive will be suspended.
In North Dakota, a DUI case is either a misdemeanor or a felony. This
depends on whether one has any prior DUI convictions and whether the
motorist caused damage to property or caused injury or death to a
person. If a person has a prior DUI conviction, there is mandatory jail
time that the court must impose if there is a conviction. For a second
DUI conviction within five years, there is a mandatory minimum 5 days in
jail. For a third DUI conviction within 5 years, there is a mandatory
minimum 60 days in jail. For a fourth DUI conviction in seven years,
there is a mandatory minimum of 180 days in jail. There are also
substantial fines and other consequences upon a DUI conviction.
- Hajek, Meyer & Beauclaire:
# All Felonies and Misdemeanors in State and Federal Courts
# DUI
# Assault
# Drug Charges
# Traffic Violations
# Violations of Restraining Orders
- Reichert Law Office:
A North Dakota DUI is highly technical and complex.
- Omdahl Law Office:
These criminal charges as well as rape or theft require the representation of an experienced lawyer.
- George Ulseth:
You can be arrested by driving while over the legal BAC in your state or while
impaired, however, you need not actually operate the car in order to be
arrested. You may be found guilty if you had the capability and power to
dominate, direct, or regulate the vehicle, regardless of whether you were
exercising that capability or power at the time of the arrest. Simply sitting
behind the wheel with the keys in the ignition can lead to your arrest for DUI
by being in "actual physical control" of the car.
- Kirschner Law Firm:
If you are charged with a crime, you are in serious trouble. You can be sent to jail, forced to pay substantial fines, and costs, and can be found civilly liable for the same conduct and be required to pay damages to the alleged victim. It is very important that you obtain experienced, knowledgeable and aggressive representation to handle your case.
Back to Drunk Driving Defense Attorneys
|