HERBAL LAW FIRM

DUI / APC / REFUSAL CASES

DUI / APC / REFUSAL CASES

We specialize in defending driving under the influence (DUI), actual physical control (APC), and DUI Refusal cases.  We have expertise in handling elevated DUI cases – 2nd, 3rd, and 4th offense (felony) cases – cases that carry mandatory jail time.

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.

DUI / APC / Refusal Cases

We specialize in defending driving under the influence (DUI), actual physical control (APC), and DUI Refusal cases. We have expertise in handling elevated DUI cases – 2nd, 3rd, and 4th offense (felony) cases – cases that carry mandatory jail time.

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.

Are you currently charged with refusing a blood test or a urine test?

There is a very strong chance we can get that charge dismissed.

Did you plead guilty to refusing a blood test or a urine test?
Were you found guilty by a judge or a jury of refusing a blood test or urine test?

If you have a conviction for refusing a blood test or a urine test, that did not involve a search warrant, there is a very good chance we can get that conviction removed from your record.

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

DUI information you should know:

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)

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:

The suspension (when the driver does not refuse the chemical test) 

1st violation within 7 years – suspend for 91 days
1st violation (w/i 7) with BAC > 0.18 – suspend for 180 days
2nd violation within 7 years – suspend for 365 days
2nd violation (w/i 7) with BAC > 0.18 – suspend for 2 years

3rd violation within 7 years – suspended for 3 years

Revocation (when the driver refuses the chemical test)

1st violation within 7 years – revoked for 180 days
2nd violation within 7 years – revoked for 2 years
3rd violation within 7 years – revoked 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.

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 refusal 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.

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