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North Dakota Drunk Driving Defense Attorneys

  1. Beulah
    1. Solem Law Office: DUI Drug charges Infractions such as traffic violations Sex crimes
  2. Bismark
    1. Suhr & Lofgren: Do I have to do the field sobriety tests when asked? No. Officers will often request for you to do field sobriety tests. Some of the most common are: HGN (Horizontal Gaze Nystagmus, also known as the "eye test") Walk and turn One-legged stand Counting backwards Alphabet Partial alphabet Finger touch test You do not have to do these. The officer can not arrest you for refusing them. The officer can not charge you with a crime for refusing them. However, you can be arrested and charged for refusing to submit to a "screening test" or a "chemical test". What is a "screening device"? A "screening device" is a small hand-held device, sometimes called an "SD-5", an "alco-sensor", or a PBT ("preliminary breath test"). Officers will ask you to submit to it road-side prior to any arrest. They rely on it to help decide if there is probable cause to arrest you. You blow into it and it gives a preliminary breath alcohol concentration result. However its results are not admissible as evidence in court. You can be arrested and charged with a crime for refusing to submit to a screening device, and are subject to the same penalties as an actual DUI. You can also be subject to harsher consequences on your drivers' license if you refuse a screening device. If you refuse a screening device, but then agree to a chemical test, you can avoid being charged criminally for refusal and can avoid the harsher consequences on your drivers' license. What is a "chemical test"? A "chemical test" is a test done of the breath, blood, (or in rare circumstances urine) to determine alcohol concentration. The specific form of test is up to the officer. The tests are usually done at the local Law Enforcement Center. If the test is done according to certain very specific legal requirements, the result will be admissible in court. You can be arrested and charged with a crime for refusing to submit to a chemical test, and are subject to the same penalties as an actual DUI. You can also be subject to harsher consequences on your drivers' license if you refuse a chemical test. The breath test is administered on a machine known as an "Intoxilyzer". An officer will run that machine but must have special training to do so. The results are available to you immediately. The blood test is performed with the assistance of a registered nurse, who will actually draw the blood sample from you. The officer then submits the blood sample to the State Crime Lab. The results are usually available about two weeks later and are mailed to you. You can request an independent test if you like, but it is up to you to arrange and pay for it. What are the mandatory minimum penalties for a DUI? If it is your 1st DUI, and your BAC ("breath alcohol concentration") is less than .16, the offense is a class B misdemeanor and the mandatory minimum sentence is: $500.00 fine; get a chemical dependency evaluation. If it is your 1st DUI and your BAC is .16 or greater, the offense is a class B misdemeanor and the mandatory minimum sentence is: 2 days jail OR 20 hours of community service; $750.00 fine; get a chemical dependency evaluation. If it is your 2nd DUI in the last 7 years, the offense is a class B misdemeanor and the mandatory minimum sentence is: 10 days jail; $1,500.00 fine; get a chemical dependency evaluation; 360 days participation in the 24/7 program as a condition of probation. If it is your 3rd DUI in the last 7 years, the offense is a class A misdemeanor and the mandatory minimum sentence is: 120 days jail; $2,000.00 fine; get a chemical dependency evaluation; 360 days supervised probation; 360 days participation in the 24/7 program as a condition of probation. If it is your 4th DUI in the last 15 years, the offense is a class C felony and the mandatory minimum sentence is: 1 year and 1 day prison; $2,000.00 fine; get a chemical dependency evaluation; 2 years supervised probation; Participation in the 24/7 program as a condition of probation. What happens with my drivers' license if I am arrested for a DUI or for Refusal of screening device or chemical test? When you are arrested for DUI or refusal, the North Dakota Department of Transportation ("DOT") may suspend or revoke your driving privileges. You can request a hearing to fight your license being suspended or revoked but you only have 10 days from the date you get your test results (or if you refused then 10 days from the date of your refusal). If you make a timely request then the DOT will schedule a hearing before a hearing officer with the DOT. If you don't request a hearing, or if you lose at the hearing, the period of your suspension or revocation can vary from 91 days all the way to 3 years depending on your past record and the circumstances of your case. In many instances after you have completed a certain period of your suspension, you may be eligible for a work permit, also known as a "temporary restricted license". You may also be eligible for a work permit if you are participating in the 24/7 sobriety program. What is the 24/7 program, and when do I have to do it? The 24/7 sobriety program is a state-wide program, usually administered by the county sheriff's department. It requires you to prove that you remain sober during and after the conclusion of a criminal charge. You can comply with the program in two ways. First, you can report to the sheriff's department at designated times each day, usually once in the morning and once in the evening, and submit to a breath test. Second, you can obtain a "SCRAM" (Secure Continuous Remote Alcohol Monitor) bracelet which electronically monitors for alcohol in your system. Sometimes there is a waiting list to get set up on a SCRAM bracelet, and there are costs involved, but it offers more convenience than reporting in person each day to get tested. The 24/7 program is usually required in cases involving a 2nd DUI offense or greater.
    2. Bolinske Law Firm: murder, rape, assault, drug offenses, forgery, arson, robbery, theft, driving under the influence, fleeing in a motor vehicle, leaving the scene of an accident, driving under suspension, child abuse and neglect, terrorizing, interference with a 911 phone call, revocation of probation, the commitment of sexually dangerous individuals, tampering with a witness, contempt of court, juvenile law offenses, possession of a firearm by a felon, careless driving, reckless driving, disorderly conduct, criminal mischief, theft of services, aggravated assault, kidnapping, NSF Check, escape, stalking, reckless endangerment, domestic assault, gross sexual imposition, corruption or solicitation of a minor, indecent exposure, burglary, robbery, criminal trespass, identity theft, and many more types of criminal charges
    3. Glass Law Office: Felonies Misdemeanors DUI Wills Trusts Estates Probate Guardianships Elder law
    4. Bormann, Myerchin & Espeseth: DWI/DUI Defense In a concerted effort to reduce drunk driving, all states and most local counties have imposed strict laws against driving while intoxicated (DWI). If you are arrested and charged with drunk driving or driving under the influence (DUI), the consequences can be severe; you may lose your driver's license, pay heavy fines, have your vehicle impounded and even receive a jail sentence. DWI convictions remain on your permanent criminal record and as a result, may interfere with your livelihood, causing you to lose your job or hinder future employment opportunities. With such high stakes, it is crucial that you contact a qualified DWI defense attorney as soon as you are arrested for driving while intoxicated.
    5. Dickson Law: Criminal Law Representing those accused of criminal behavior from Driving Under the Influence to Murder and everything in between.
  3. Casselton
    1. Onsted Twichell: Defense of state and federal criminal charges in North Dakota and Minnesota Appeals of state and federal convictions in North Dakota and Minnesota
  4. Dickinson
    1. Keogh, Robert A.: Criminal Law
    2. Ficek Legal Services: Criminal Law, D.U.I.
    3. Reichert Armstrong: Criminal Defense DUI & Personal Injury
  5. East Grand Forks
    1. Dusek Law: Driving Offenses Careless driving Driving without a license/while license suspended or revoked Driving without liability Insurance DUI/DWI DUI Administrative Hearings Fleeing or attempting to elude a police officer Leaving the scene of an accident Open container Possession of marijuana while driving a motor vehicle Reckless driving Speeding Vehicle forfeiture Your constitutional rights are: Right to a lawyer Right to cross examine and confront witnesses Right to testify on one's own behalf Right to remain silent Right to a speedy trial Right to use Courts subpoenaing power to compel witnesses to testify Right to jury trial (most cases) Presumption of innocence
  6. Grand Forks-Fargo
    1. Reichert & Armstrong: traffic violations, DUIs, drug and alcohol related charges, criminal trials
    2. Pearson Christensen: felony and misdemeanor criminal violations
    3. Johnson, Joe: Criminal Defense DUI/DWI Juvenile Law Driving Under Suspension Appeals Traffic Offenses Theft/Property Offenses Sex Offenses Probation Revocations Drug Offenses/Conspiracies Assault/Domestic Violence
    4. Handy Law Office: Juvenile Adult defense DUI / DWI Assault Drug charges Theft Sex offenses
    5. Ohmdahl & Morgenstern: All Felony and Misdemeanor Crimes DUI/DWI (MN & ND) Drug Crimes Sex Offenses Assault/Homicide/ Disorderly Conduct
    6. Kirschner Law: Criminal Defense Business Organization & Procedure Immigration Law Civil Rights Litigation & Appeals
    7. Rosenquist, Arnason and Hankey: DUI/DUS Drug Cases Sexual Offenses Homicides All Felonies & Misdemeanors
    8. Larivee & Light: North Dakota DUI It is a crime for any person to drive or be in actual physical control of a motor vehicle within this state when the person is under the influence of alcohol. A person who is 21 years and older is considered to be under the influence if he has an alcohol concentration of at least .08 at the time of the performance of a chemical test. The test must be performed within two hours of the driving or physical control of the vehicle. If the person is under the age of 21, the person is under the influence if he is driving or in actual physical control of a motor vehicle and has an alcohol concentration of at least .02 at the time of the performance of a chemical test. The test must be performed within two hours of the driving or physical control of the vehicle. If the driver does not consent to take a blood, breath or urine test, the law enforcement officer will take the driver's driving license and provide him with a temporary permit. The driver then has the option to "cure the refusal" by pleading guilty to the charge of driving under the influence and waiving his administrative hearing. If the driver elects this option, he loses his license in accordance with North Dakota's implied consent statute.
    9. Aaland Law Firm: When you are, or are about to be, charged with a crime you have rights and you have options. Immediately you are called on to assert or to waive your rights. Without knowledge of your rights under the law and the state and federal constitutions you may be deprived of your rights and you may lose your options. Speak to the police or assert your right to remain silent? Consent to a search of your car, your home or your person, or decline? Engage a lawyer to proactively protect your interests or wait to see what happens? Plead guilty or not guilty? Is it best to plead guilty and take the sentence you get? Will jail or prison be required? Will there be a fine or property forfeiture? Will you be required to register as a predatory or sexual offender? What rights will be lost by the conviction? Will you lose your right to possess a gun, to vote, to leave the country? Will there be probation and what restrictions on your freedom will be imposed? What if you cannot comply with the terms of probation? How will the conviction affect your education, your career, your employment? What advantage is gained by a plea of not guilty? How do you make sure your case is heard by a different judge? Could the police and prosecutor be prevented from using information gained as a result of unlawful questioning, unlawful stop and search of an automobile or a warrantless search of a home? If a warrant was issued was it based upon false information provided by the police? Was the warrant lawfully issued? Were you lawfully arrested and if not what advantage can be gained? What mistakes were made by the police? How do you discredit a police witness? How do you show a jury the alcohol testing was not fair? What does proof beyond a reasonable doubt really mean? Are you really presumed innocent? Should the case be tried to a jury and if so what are the odds of a not guilty verdict? How do you select a jury? What are the alternatives? What will it cost? Does your lawyer have the experience necessary to do the job?
    10. Haugen & Moeckel: All felonies and misdemeanors DUI / DWI All drug crimes Thefts Assaults Juveniles and adults
    11. O'Keeffe, O'Brien, Lyson & Foss: Personal Injury Auto Accidents Motorcycle Accidents Products Liability Tort and Litigation Slip and Fall Defective Products Medical Malpractice Wrongful Death Serious Injury Boating Accidents Business Law Contracts Corporations and LLC's Partnerships Real Estate Trusts and Wills Probate Buy/Sell Agreements Power of Attorney Bankruptcy Family Law Divorces Custody disputes Adoptions Child Support Paternity Child visitation Grandparents Rights Conservatorship Criminal Law Felonies Misdemeanors Drug and Property Crimes DUI's and Administrative hearings Protection Orders Juvenile matters
    12. 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.
    13. Hajek, Meyer & Beauclaire: # All Felonies and Misdemeanors in State and Federal Courts # DUI # Assault # Drug Charges # Traffic Violations # Violations of Restraining Orders
    14. Reichert Law Office: A North Dakota DUI is highly technical and complex.
    15. Omdahl Law Office: These criminal charges as well as rape or theft require the representation of an experienced lawyer.
    16. 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.
  7. Hazen
    1. Lange & Donovan: If you're facing criminal charges or a DUI it's essential that you protect your rights and take steps now to avoid complicating matters in the future.
  8. Jamestown
    1. Sandness Law: Criminal Law
    2. Kropp Law Office: Criminal law subset DWI DWI, DUI, traffic tickets, assault, theft, and drug cases
    3. Dalsted & Ryan: Real Estate Estate Planning Probate Business Law Family Law Personal Injury Criminal Defense Corporate Law Government Law
  9. Mandan
    1. Harris Law Office: Criminal Defense
    2. Kelsch Kelsch Ruff & Kranda: Being charged with a criminal offense can lead to serious consequences for you and your family. It is vitally important that you do not go through this process alone. To protect your interests, you should always have an experienced and knowledgeable attorney represent you every step of the way so that you are fully advised of your options and fundamental rights. The criminal defense attorneys at KKRK provide a wide range of services to clients in need. * All Felonies including drug related crimes * All Misdemeanors * All Traffic and DUI Cases in North Dakota * Civil Forfeiture Actions * Protection Orders * Juvenile Offenses * Pre-charge Investigation and Consultation
  10. Minot
    1. Schultz Law Firm: DUI/APC
    2. Pringle & Herigstad: DUI Defense The laws governing driving while intoxicated (DUI) are complex and require an expert with in-depth understanding of this area of practice.
    3. Vogel Law Firm: DUI in North Dakota DUI (Driving Under the Influence) cases in North Dakota have a civil component and a criminal component. The civil component of the case is the administrative hearing the proceeding in which the North Dakota Department of Transportation (DOT) is attempting to suspend or revoke your North Dakota driving privileges. The criminal component of the case can result in a criminal record, jail time, fines, and court costs. There are further issues that arise for those carrying a commercial drivers license (CDL), for those driving a commercial vehicle under the influence of alcohol, and for those under the ages of 18 and 21. Please contact your attorney to learn more about these specific issues. There are several collateral consequences of a DUI conviction. Admissibility to certain countries, like Canada, may be prohibited for those convicted of a DUI. The Federal Aviation Administration may take adverse action against a licensed pilot as a result of either a conviction or administrative license suspension resulting from a DUI.
  11. Richardton
    1. Aaland Law Firm: When you are, or are about to be, charged with a crime you have rights and you have options. Immediately you are called on to assert or to waive your rights. Without knowledge of your rights under the law and the state and federal constitutions you may be deprived of your rights and you may lose your options. Speak to the police or assert your right to remain silent? Consent to a search of your car, your home or your person, or decline? Engage a lawyer to proactively protect your interests or wait to see what happens? Plead guilty or not guilty? Is it best to plead guilty and take the sentence you get? Will jail or prison be required? Will there be a fine or property forfeiture? Will you be required to register as a predatory or sexual offender? What rights will be lost by the conviction? Will you lose your right to possess a gun, to vote, to leave the country? Will there be probation and what restrictions on your freedom will be imposed? What if you cannot comply with the terms of probation? How will the conviction affect your education, your career, your employment? What advantage is gained by a plea of not guilty? How do you make sure your case is heard by a different judge? Could the police and prosecutor be prevented from using information gained as a result of unlawful questioning, unlawful stop and search of an automobile or a warrantless search of a home? If a warrant was issued was it based upon false information provided by the police? Was the warrant lawfully issued? Were you lawfully arrested and if not what advantage can be gained? What mistakes were made by the police? How do you discredit a police witness? How do you show a jury the alcohol testing was not fair? What does proof beyond a reasonable doubt really mean? Are you really presumed innocent? Should the case be tried to a jury and if so what are the odds of a not guilty verdict? How do you select a jury? What are the alternatives? What will it cost? Does your lawyer have the experience necessary to do the job?
  12. Valley City
    1. Fremstad Law: CRIMINAL DEFENSE Being charged with committing a crime is a scary and stressful experience, not only for the accused, but also for the person's family and friends. Criminal defense lawyers, especially very good ones, not only represent clients in court but also try to reduce that fear and stress as much as possible. Knowing that our criminal defense clients and their families are often scared and unfamiliar with the criminal justice system, our first meetings with a client are usually designed to gather information about the client and the case.
  13. Wahpeton
    1. Meyer, Mike: criminal defense and personal injury
    2. Smith, Strege & Fredericksen: homicides to DUIs
  14. Williston
    1. Lowe Law Group: Criminal and DUI
    2. Vogel Law Firm: DUI in North Dakota DUI (Driving Under the Influence) cases in North Dakota have a civil component and a criminal component. The civil component of the case is the administrative hearing the proceeding in which the North Dakota Department of Transportation (DOT) is attempting to suspend or revoke your North Dakota driving privileges. The criminal component of the case can result in a criminal record, jail time, fines, and court costs. There are further issues that arise for those carrying a commercial drivers license (CDL), for those driving a commercial vehicle under the influence of alcohol, and for those under the ages of 18 and 21. Please contact your attorney to learn more about these specific issues. There are several collateral consequences of a DUI conviction. Admissibility to certain countries, like Canada, may be prohibited for those convicted of a DUI. The Federal Aviation Administration may take adverse action against a licensed pilot as a result of either a conviction or administrative license suspension resulting from a DUI.
    3. Nehring, Jeff: Criminal defense: Misdemeanors Felonies DUIs
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A directory of sites maintained by Jim Forslund, a DUI defense attorney in Colorado. Links checked weekly. Mail proposed additions to links@colorado-dui.com RECIPROCAL LINKS APPRECIATED END