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North Dakota DUI / DWI Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Traffic Tickets and DUI / DWI for North Dakota on
Q: I got pulled over for window tint, even though it was legal, and the police did not meter it or give me a ticket of it..

But ended up giving me a dui because I refused the breathalyzer.

But the windows were of legal tint. Can I win and get it all thrown out?

James L. Arrasmith
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answered on Mar 29, 2024

If you were pulled over for window tint but were not ticketed for that specific issue, it indicates the initial stop may have been justified under the officer's belief that a violation occurred. However, the outcome of being charged with a DUI because of refusing a breathalyzer is a separate... View More

1 Answer | Asked in DUI / DWI for North Dakota on
Q: 2nd dui. 2 year suspension. 1 yr down. Can I get points off to lift restriction?
Lucas Wynne
Lucas Wynne
answered on Oct 5, 2021

A defensive driving course can take points off your license. However, this will not get your DUI-related suspension reduced. Your best bet may be to get a temporary restricted license while you're waiting to be eligible for renewal.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: Is there a certain amount of time to resolve a dui case?
Rick Sand
PREMIUM
Rick Sand
answered on Mar 3, 2021

This is a very interesting question. In order to give the best answer, it is important to know a few things: Is this a first offense DUI, or does the person have previous DUI convictions? Does the person have an out-of-state driver's license? Was there a chemical test performed (breath, blood,... View More

2 Answers | Asked in Car Accidents, Wrongful Death, Criminal Law and DUI / DWI for North Dakota on
Q: What is the likely hood of getting a leaving the scene of accident dropped down, to next to nothing?no injury, parked.

I have a class A CDL and it is my primary source of income.

the car was parked and i wasnt sure I hit it, i drove away. no one was injured

they already issued a warrant and I paid 750 cash bond

Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2019

see my answer to the duplicate question.

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1 Answer | Asked in DUI / DWI for North Dakota on
Q: I was pulled over and charged for a DWI with no evidence except for speeding and there was a smell on my clothes?

I was taking a trip to the gas station when I was pulled over by an officer. The officer walked to the window and said I was speeding, he then stated he could smell marijuana and I told him it could just be my clothes from another time. The officer then had me take several sobriety test outside... View More

Lucas Wynne
Lucas Wynne
answered on Feb 21, 2019

The officer's actions seem problematic. Better get a lawyer.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: Recently charged with a DUI. First time offender, blew .175 at the station. Do I need a lawyer or just go to court?

Left the restaurant early last night before I got too drunk. Pulled over for not using turn signal and not turning into first lane. Sobriety test in 40° weather then blew .16. At the station blew .175. Its my first offense, clean record. Do I need a lawyer? Would it benefit me?

Lucas Wynne
Lucas Wynne
answered on Nov 14, 2018

My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: What steps could I take after receiving a minor in consumption of alcohol (MIC) at the age of 18 to get off my record?

North Dakota college student. Wondering how I can get it off of my record, if possible, as I am a pre-med student and will be applying to Medical schools in 2022.

Lucas Wynne
Lucas Wynne
answered on Sep 7, 2018

You seek a diversion, deferral, or dismissal.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: I got a dui in Watford City ND and I live in Oklahoma and I can’t afford to make it back to court in ND what do I do?

First dui in 10yrs and no money to get a lawyer

Lucas Wynne
Lucas Wynne
answered on Sep 7, 2018

Call and hire a defense lawyer in North Dakota rather than allow a warrant that can impact your employment and housing options go unhandled. Attorneys like myself handle this exact situation every day.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: My husband just got a DUI. court is in one week. We are thinking of calling the cop involved to beg for mercy.

Would this be a bad idea? If he looses his job we loose insurance and our children have special needs. My husband rarely drinks. He blew low on the breathalyzer and this is his first dui offense. The cop was really nice during the arrest and helpful. We got a lawyer and are awaiting court. If he... View More

Lucas Wynne
Lucas Wynne
answered on Jan 20, 2018

Listen to your lawyer. Calling the officer will have no impact, the case is in the prosecutor's hands. Most people who attempt to negotiate with the prosecutor on their own end up digging a deeper hole.

2 Answers | Asked in Criminal Law and DUI / DWI for North Dakota on
Q: A 19yr old is at a private party and isn't drinking alcohol. 21 year olds are drinking. If cops arrive can 19yo be fined

Can the 19 year old be foned for being in proximity to an open container?

Lucas Wynne
Lucas Wynne
answered on Oct 29, 2017

There is not enough information available to answer your question. If you have been charged, it's time to lawyer up.

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1 Answer | Asked in Criminal Law and DUI / DWI for North Dakota on
Q: No lawyer yet, pretrial conference tomorrow, can I ask for a continuance?

I have had my initial appearance for a DUI 2nd offense in 7 years in North Dakota. My pretrial conference is tomorrow and I haven't been able to get an attorney yet. I thought, and told the court that I would be able to afford one, but that hasn't been the case yet. I'm extremely... View More

Lucas Wynne
Lucas Wynne
answered on Sep 20, 2017

I am sorry that I did not see this question sooner. Hopefully things worked out for you.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: Didn't complete DUI program in Cali. Moved to North Dakota was issued new DL. DUI was in 08. Will there be any problems

Won't be moving back. Only did 15 months of a 18 month program. I explained everything to North Dakota an they said I would be giving that they only go back 3yrs. Just got a letter from Cali. Saying my dl from there would be suspended but I surrendered that one before I got my new one.

David Nelson Jolly
David Nelson Jolly
answered on Aug 26, 2014

Your DUI charge and possible conviction obviously ended with the requirement of you completing a recommended course of alcohol treatment. The Court typically monitors such treatment and if not completed can impose further sanctions, such as jail. The DMV/DOL has similar powers and if treatment is... View More

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