Legal•Info

North Dakota DWI / DUI Lawyer

In 2006, there were 111 traffic-related fatalities in the state of North Dakota. Of those, 47 percent were alcohol-related, with 37 percent of the drivers having a blood alcohol concentration (BAC) of .08 or more. In all 50 states, driving with a BAC above .08 is illegal and automatically results in a driver being charged with DUI or DWI. North Dakota, as in all states, has DUI and DWI laws that are well defined. If you have recently been involved in a DUI or a DWI arrest, you should contact a lawyer or attorney specializing in DUI or DWI cases as soon as possible. A lawyer will not only fight for your rights, but will also help you through the legal process and your impending court case.

In North Dakota, there are two different DUI charges that you may incur. The first charge is based on traditional notions of impairment; that is, the individual arrested for DUI in North Dakota is unable to safely operate their car because of consuming alcohol and/or drugs which interferes with their ability to safely operate their vehicle. The second charge is prosecuted on a per se theory, under which it is illegal to drive with a BAC of .08% or higher. In this charge, the observable condition of the driver is irrelevant, and is based only on the scientific evidence of a blood or breathalyzer test.

When looking for a North Dakota DUI lawyer, you may need to look into the background of the firm and the track record it has concerning these cases. If you see that the lawyers you are thinking of consulting have a very good track record of getting their clients off the charge either due to technicalities or other circumstances, you may wish to hire them right away. Before you do so, though, there are a couple of other things to consider. First, can you afford this attorney? Ask about retainer fees, hourly fees, and payment plans. Second, find out how knowledgeable the attorney is with regard to North Dakota drinking and driving laws.

Is It Possible I Will not be Convicted?
As with other cases, the loopholes that can be found in DUI cases often involve any of the following:

If you suffered a clear violation of any constitutional rights
If the officer that arrested you followed the right arresting procedures and the correct regulations in the proper fashion
If you had your rights read to you when the officer made the DWI or DUI arrest
If the alcohol level and blood tests the officer had you perform were executed in the proper manner
If the equipment that the officer used to monitor your blood alcohol levels was in proper working order or was well maintained when it was used

A good DUI/DWI attorney or lawyer will look into these specifics right away. He or she should know the procedures for getting a hold of the equipment for testing and other such needs for the case. If any of these steps were not performed the way they should have or if they were not executed by the book, an experienced lawyer will know how to try your case for you and get you off your DUI charge on these technicalities. Finding the right North Dakota DUI and DWU lawyer will help keep your driving records clean and your subsequent penalties, should there be any, within the reasonable limits as compared to the penalties you might get should you be found guilty of this offense.

DUI is a very serious charge, so hiring a good lawyer to defend you is essential. DUI and DWI charges carry heavy consequences. With a competent DUI or DWI lawyer, you can get your reputation back on track and away from the harsh consequences that a DUI charge can give you.