Driving Under the Influence
Driving Under the Influence cases in North Dakota have two phases, either of which can result in a suspension of your license. During the administrative phase of the case, the Department of Transportation will seek to suspend your driving privileges. This part of your case can begin immediately after you are arrested. In theory, your driving privileges may be taken away even before the criminal case is finished. This may come as a major surprise to those accused of DUI. For example, your license could be suspended 30 days into the case, even though your criminal trial date is set months later. Note that the criminal portion of your case can also result in a suspension if you are convicted or plead guilty to the offense of DUI.
What do you need to do to protect your license? The most immediate concern is preserving your right to a hearing. You or your attorney should request an administrative hearing form the North Dakota Department of Transportation (“NDDOT”) as soon as possible. The agency sets a ten (10) day deadline from the date that the Report and Notice is served on you. Generally, the Report and Notice is issued after you submit to a chemical breath test or refuse a test (not recommended). If you provided a blood sample, then there will be an additional delay before the Report and Notice is issued.
If a request is not timely made, you may face an automatic suspension. There are no exceptions to the ten day timeframe, so you must be vigilant.
Once you have successfully requested the administrative hearing, your DUI attorney will examine the facts of the case and identify defenses. An experienced attorney will know substantive and technical arguments to make in your defense. This article lists several potentially effective defenses but they do not necessarily apply in your case. One of the first areas we examine is whether or not the test was performed within two hours. Under North Dakota law, the NDDOT may not use the BAC results against you if they were obtained after two hours of driving. There are several challenges in establishing the last time of driving, however. Another area of defense may relate to the test itself. The Intoxilyzer 8000 machine is a sensitive device that requires replacements of parts and calibrations. In some instances, we have defeated the NDDOT by demonstrating that the cylinders were out of date and that the device was unreliable.
If you have been arrested for DUI, you may be facing a suspension and revocation of your driving privileges. These may have far-reaching impacts on your lifestyle and ability to work. Contact a defense attorney at the Chapman Law Office in Williston, North Dakota for a free consultation.
