You can request a work permit by clicking the following link (NDDOT website):


http://www.dot.nd.gov/forms/sfn02254.pdf




You can check the status of your driver's license by clicking the following link (NDDOT website):


https://apps.nd.gov/dot/dlts/dlos/requeststatus.htm


What potential criminal penalties am I facing?


1st offense within the last 7 years - no minimum mandatory jail time; range: 0-30 days in jail.

1st offense within the last 7 years, with BAC > 0.16 - minimum mandatory 2 days in jail; range: 2-30 days in jail.

2nd offense within the last 7 years - minimum mandatory 10 days in jail; range: 10-30 days in jail.

3rd offense within the last 7 years - minimum mandatory 120 days in jail; range: 120-365 days in jail.

4th offense (or greater); a felony - minimum mandatory 1 year and 1 day in jail; range: up to 5 years in jail. 

                                                                                         

(a prior offense includes only instances where you pled guilty or where you were found guilty by a jury)

UPDATE


In the case of Birchfield v. North Dakota, where the DUI defendant was represented by Herbel Law Firm, the United States Supreme Court threw out Mr. Birchfield's conviction and ruled that it is unconstitutional for the State of North Dakota to make it a crime to refuse a blood test, during a DUI investigation, when the law enforcement officer does not have a search warrant. 



Am I required to perform field sobriety tests, like the eye test (HGN), the walk-and-turn test, and the one-legged stand test?


No.  You have no obligation under North Dakota law to perform field sobriety tests.  You may politely refuse those tests.  However, if you refuse to provide a sample of breath, blood, or urine at the officer's request, you may be charged with the crime of refusal to submit to a chemical test.  I know - this sounds crazy; and it also sounds unconstitutional.  It sounds unconstitutional because it is very likely unconstitutional under the Fourth Amendment.  The United States Supreme Court has not ruled on this issue yet.  


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HERBEL LAW FIRM
Regency Business Center
3333 East Broadway Avenue, Suite 1205
Bismarck, ND 58501

(701) 323-0123

We specialize in defending DUI (driving under the influence), APC (actual physical control), and DUI Refusal cases.  We also have expertise in handling felony DUI cases.


We are the only law firm in the State of North Dakota to win DUI cases at both the United States Supreme Court and the North Dakota Supreme Court. 


Call today for a free consultation:   (701) 323-0123



DUI information you should know: 

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What could happen to my driver's license?


When a driver is arrested on suspicion of DUI (or actual physical control), there can be immediate consequences to that driver's operating privileges.  The following is a list of possible suspensions/revocations:


Suspension (when driver does not refuse the chemical test)            Revocation (when the driver refuses the chemical test)

1st violation within 7 years - suspend for 91 days                             1st violation within 7 years - revoked for 180 days

1st violation (w/i 7) with BAC > 0.18 - suspend for 180 days            2nd violation within 7 years - revoked for 2 years

2nd violation within 7 years - suspend for 365 days                          3rd violation within 7 years - revoked for 3 years

2nd violation (w/i 7) with BAC > 0.18 - suspend for 2 years                                       

3rd violation within 7 years - suspend for 3 years 


Always, always, always, request a hearing at the Department of Transportation.  If you hire an attorney, your attorney will request the hearing for you.   

 



The only firm in North Dakota to win criminal cases at the U.S. Supreme Court and the ND Supreme Court

Criminal Defense expertise   (701) 323-0123

Getting results in North Dakota for 17 years.