Being arrested for a DUI can be a traumatic experienced DUI lawyer that leaves people with many questions even after they’ve been released. What is the process now that the arrest is over? If you are arrested for a DUI in North Dakota, you are probably thinking, will I lose my license? When will that happen? Will I lose my job? What is going to happen to my future? These are some of the many questions that a North Dakota DUI attorney can help you with. Knowing what to expect and what to do after this type of arrest is critical. Here is exactly what you need to know and what you need to do after a DUI arrest in North Dakota.
North Dakota Calls It a DUI, But You May Hear DWI Too
Before anything else, a quick clarification. North Dakota uses both DUI Driving Under the Influence and DWI Driving While Impaired interchangeably in practice. A charge applies when a driver operates a vehicle with a blood alcohol concentration of 0.08 percent or higher, when a driver is impaired by alcohol or drugs even below that limit, or when a driver refuses a chemical test under North Dakota’s implied consent law. The legal limit drops to 0.04 percent for commercial vehicle operators and to any detectable amount for drivers under 21.
Two Separate Processes Begin Immediately
This surprises many people a DUI arrest in North Dakota triggers two entirely separate legal processes simultaneously, and each one has its own deadlines, consequences, and procedures.
1 Administrative License Suspension
This first process is administrative, not criminal. It is handled by the North Dakota Department of Transportation. If you are arrested for DUI and either fail or refuse the chemical test, the arresting officer takes your license and gives you a temporary driving permit. You only have seven days from the date of the arrest to request an administrative hearing to contest the suspension of your license. After that, the suspension is automatic. No hearing. No other opportunity. This is one of the most important reasons you should contact a DUI lawyer immediately after your arrest and not days later when the seven-day deadline may have already passed.
2 The Criminal Case
The second process is the criminal prosecution. This takes place in the appropriate North Dakota court. This is where your actual DUI charge, the potential fines, the potential jail time, and the criminal record all come into play. The criminal case has its own timeline and its own defense and is separate from the administrative suspension process.
The core function of an experienced DUI lawyer is to properly manage both processes, and, especially, manage them simultaneously.
What Are the Penalties You Could Be Facing?
DUI penalties in North Dakota increase significantly with each subsequent offense and with higher BAC levels.
First Offense
A first DUI in North Dakota is normally a Class B misdemeanor. It has a minimum fine of $500, a potential jail time of 30 days, and the license is suspended for 91 days.
For first DUIs, 0.16 BAC triggers worse punishments like 2 extra days of jail and a 180-day license suspension.
Second Offense
A second DUI (within 7 years) is a Class A Misdemeanor and leads to worse punishments like longer jail time, increased fines, and longer license suspension. The use of an ignition interlock device is required.
Third and Subsequent Offense
A third DUI (within 7 years) is a Class C Felony in North Dakota and leads to prison time, high fines, and punishments that reach beyond driving restrictions.
Refusal to Chemical Testing
Refusing to submit a breath, blood, or urine test in North Dakota leads to mandatory license suspension and is considered a crime in itself.
The Hidden Consequences Most People Do Not Think About
Beyond the formal legal penalties, a DUI conviction in North Dakota carries consequences that affect daily life in ways that often feel more immediate than fines or license suspension.
Employment is one of the most significant areas of impact. Professional licenses, commercial driving privileges, security clearances, and positions requiring a clean background check can all be affected by a DUI conviction. For CDL holders’ commercial drivers whose livelihood depends on their license a DUI conviction is often career-ending under federal regulations.
Insurance rates increase dramatically following a DUI conviction, and some insurers cancel coverage entirely, requiring the driver to obtain high-risk SR-22 insurance that costs significantly more than standard coverage.
A DUI conviction also becomes part of your permanent criminal record visible to future employers, landlords, and licensing boards for years to come.
what a DUI lawyer can do for you
There are many people who believe that a DUI lawyer is ineffective or useless if the client has either failed a breathalyzer or there is evidence of impaired judgment. This is a misplaced belief and result of failing to seek legal counsel that could limit or eliminate the legal consequences which they are bound to.
DUI Attorneys Challenge Traffic Stops. Police must have the legal right to make a traffic stop which is determined by a reasonable suspicion. If the legal threshold is not met, any evidence collected which would include a BAC would be considered inadmissible.
DUI Attorneys Challenge Field Sobriety Tests. Standardized field sobriety tests have a rigid and strict set of criteria that if not met, the tests are considered unreliable.
DUI Attorneys Challenge Chemical Test Results. Breathalyzers must be properly calibrated and blood must be handled and tested within strict time limits. Chain of custody and equipment failure are adequate reasons to dispute and challenge the results.
DUI Attorneys Negotiate Deals. In circumstances with strong evidence, the lawyer may still be capable of achieving lesser charges, alternate sentencing, or participation in diversion programs that allow the client to avoid a conviction.
DUI Attorneys Protect Your License. There are many legal representation requirements that have significant short deadlines and are critical to the ultimate outcome and are best met by attending an administrative hearing to contest the suspension of your driving privileges.
ND Criminal Defense DUI Defense in North Dakota
ND Criminal Defense, we have been defending individuals against DUI and DWI charges throughout North Dakota and Minnesota for over 50 years. Our experienced criminal defense team handles both the administrative license suspension process and the criminal prosecution simultaneously ensuring that no deadline is missed and that every available defense is identified and pursued from the earliest possible stage.
We understand what is at stake in a DUI case. Your driving privileges, your employment, your insurance, and your permanent record are all on the line. We take that seriously and we fight accordingly.
FAQs
How long do I have to request a hearing after a DUI arrest in North Dakota?
Seven days from the date of arrest. This is a hard deadline miss it, and your license suspension becomes automatic. Contact a DUI lawyer immediately after your arrest to ensure this deadline is not missed.
If convicted of DUI in North Dakota, will it be on my record forever?
Yes. If you are convicted of DUI in North Dakota, it will remain on your record forever. It will not be automatically sealed or expunged later. This is one of the strongest incentives for contesting charges instead of pleading guilty
Can I refuse a breathalyzer test in North Dakota?
You can refuse, but refusal carries its own penalties under North Dakota’s implied consent law including automatic license revocation. Refusal can also be introduced as evidence in the criminal case.
Is a first DUI a felony in North Dakota?
No, a first DUI is typically a Class B misdemeanor. However, a third DUI within seven years becomes a Class C felony. DUI resulting in serious injury or death carries even more serious felony charges.
What if I was arrested for DUI but was on prescription medication, not alcohol?
North Dakota’s DUI law applies to impairment by any substance including prescription and over-the-counter medications. This does not mean a conviction is automatic. The specific circumstances and the evidence involved matter significantly, and a DUI lawyer can evaluate your case and advise on the right defense strategy.
Conclusion
When someone gets a DUI in North Dakota, in a matter of hours, two legal proceedings will start, both filing a case with the courts, where each has a hard limit that cannot be missed. First, understand what is coming, and immediately protect your driving privileges, and aid yourself with a professional attorney before making any decisions regarding your DUI case.
For a DUI attorney that will give you an experienced consultation for free and in private, reach out to Autrey Law Firm ND Criminal Defense. Call us or visit us at 219 South 4th Street, Grand Forks, ND 58201. We work with clients in North Dakota and Minnesota.
Contact Autrey Law Firm ND Criminal Defense today for a free and confidential consultation with an experienced DUI lawyer. Call us at or visit our office at We serve clients throughout North Dakota and Minnesota.