Are You Required to Take DUI Tests?
In North Dakota, most people are shocked to learn that is a crime to refuse a field sobriety test, breath test, or blood test. N.D.C.C. 39-08-01(1)(e) allows you to be convicted for DUI if you refuse to submit to any of the following: a chemical test of blood, breath, urine, an onsite screening breath test, or field sobriety tests.
Refusal is punishable in the same way as normal Driving Under the Influence — you may face suspension or revocation of your driving privileges, mandatory jail time, alcohol classes, 24/7 field sobriety testing, alcohol addiction treatment, SR-22 insurance, etc. In many ways, a Refusal is more serious than a standard DUI. The North Dakota Department of Transportation will attempt to revoke your driver’s license for twice as long, and they will also deny you the ability to obtain a temporary work permit. For example, a first-time DUI suspension usually only involves 91 days if your BAC was under 0.18. If you refuse as a first-time offender, that amount doubles to 180 days, without a work permit.
Under N.D.C.C. Section 39-08-01, you can obviously be convicted of Driving Under the Influence if you provide a blood/breath sample that is over 0.08 BAC. That is considered the legal limit for blood alcohol content while operating a motor vehicle in North Dakota. This is the traditional method of pursuing a DUI charge against you.
However, if you refuse, the prosecutor now has an easier, alternate way to prove that you were driving drunk. North Dakota law now makes it a criminal offense to refuse any field sobriety test or breath/blood/urine test. In theory, you could be sober or even well under the 0.08 BAC limit — but if you refuse, the law basically assumes that you were drunk. The act of declining any test is what makes it a DUI case. Instead of showing that you were actually impaired or intoxicated, the police now only have to show that you refused to take a test, no matter the reason. The refusal does not even have to be verbal. Even though you may not orally say that you are refusing, the officer can interpret your actions as being a refusal of the tests.
If you were stopped for DUI and then refused any of the tests, contact an attorney at the Chapman Law Office immediately in Williston. These cases are very time sensitive. You only have 10 days from date of arrest to request a DOT administrative hearing. If you miss that deadline, the DOT will usually suspend you without hearing your side of the story. The second major deadline is 25 days from date of arrest with a Refusal. If you wish to receive a shorter suspension time (usually half), you must either defeat the DOT at the hearing or plead guilty by the 25-day deadline. Contact the Chapman Law Office today at 701-572-3966 or using the Contact Us button. Free consultation with an experienced criminal defense attorney in Williston, ND.
