Being arrested on suspicion of drunk driving can be overwhelming and scary. However, with an experienced lawyer from Vogel Law Firm on your side, you can confidently face the charges head-on and know that your rights and future are protected.
Below are some of the questions, with answers, that we are commonly asked about DUI cases in North Dakota and Minnesota. To learn more, talk to one of our attorneys.
What is the difference between DUI and DWI?
These two terms are typically used interchangeably. DUI stands for “driving under the influence” while DWI stands for “driving while impaired” or “driving while intoxicated.” They both mean the same thing and will have consequences if you are convicted. DUI is the term used more often in North Dakota, while DWI is used more frequently in Minnesota.
What are common defenses in DUI cases?
There are many different aspects of a DUI case that we can examine in the process of constructing your defense. These can include:
- Improper training of officers
- Failure of officers to read you your rights
- Faulty or defective breath test equipment on the site of the arrest
- Defective or faulty breath, blood or urine testing equipment at the police station
- An unlawful traffic stop, which led to your arrest
- Another factor, such as a prescription drug, which caused your behavior
What happens if I am arrested for DUI again after my first time?
A first-time offender is usually facing consequences of a 90-day driver’s license suspension, up to a $1,000 fine (in addition to court costs) and time in jail of up to 90 days.
A second DUI within 10 years of the first will result in increased fines, up to $3,000 and court costs, a minimum mandatory 30 days in jail (which will sometimes be allowed to be served as house arrest) and up to a year of driver’s license suspension.
Any additional DUIs within 10 years will compound these consequences. Fines go up, jail time increases and the loss of your driver’s license becomes more substantial.
Will I get to keep my driver’s license?
While you may be able to obtain a temporary license that allows you to travel certain places (such as work or school), upon a DUI arrest, your driver’s license will be suspended for at least 90 days. The suspension or revocation increases with each subsequent DUI arrest and conviction.