North Dakota DUI Law & Lawyers: DUI-Web

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If you are arrested for DUI in North Dakota, it will result in two separate cases. The first cases is the criminal court case in which the prosecution will bear the burden of proving beyond a reasonable doubt that you broke the law by driving under the influence of alcohol and/or drugs. The criminal case can result in penalties such as mandatory alcohol rehabilitation classes, license suspensions, fines and even jail time.

The second case is the administrative case against the North Dakota Department of Transportation. This case is civil in nature and has a lesser burden of proof than the criminal case. Since these cases are separate and independent of each other it is possible to have the criminal charges dismissed and still have your license revoked through the administrative case.

With respect to the criminal case, the prosecution has two separate theories in which to pursue the charges. The first theory, and the most common, is what is known as the "per se" theory. Under this theory the prosecution must prove that you were driving with a blood-alcohol concentration of .08% or higher. Your physical or mental condition at the time is irrelevant as this theory relies solely on your body chemistry.

The second theory is what is known as the traditional "under the influence" theory. Under this theory the prosecution would introduce evidence such as the arresting officer’s testimony regarding your field sobriety tests, your physical condition and general appearance, your driving pattern and possibly the statements of eyewitnesses. This evidence will be used to show that due to your consumption of alcohol your mental and physical faculties were negatively affected and as a result you were unsafe to drive. It is possible to be convicted under this theory even if you're blood-alcohol concentration was below the legal limit.

North Dakota Criminal Penalties

As in most states, an offender with prior DUI offenses will be subject to harsher penalties than someone with their first offense. Currently, North Dakota has a "look back" period of seven years. This means that the state can look back seven years from the date of your most current arrest to determine whether or not you have any prior offenses.

Typically, the punishment for a first offense would be a mandatory alcohol education course, fines of several hundred to even thousands of dollars, community service, probation, license suspension and possibly the installation of an ignition interlock device. With a second or subsequent offense the punishment greatly increases to include the possibility of jail time, increased fines and even inpatient alcohol treatment programs.

North Dakota Driver's License Consequences

As discussed above, you will also be subject to a civil case with the North Dakota Department of Transportation. The sole issue with this case is your privilege to drive. Even if the charge of DUI is dismissed or you are eventually acquitted it is still possible your license will be suspended. The suspension can be short as 91 days for the first offense or several years if it is your subsequent offense. It is imperative that you retain the services of a qualified DUI attorney immediately to preserve your privilege to drive.