A person commits the offense of Driving Under the Influence (“DUI”)
if that person drives or is in Actual Physical Control of a vehicle upon
a highway or area the public has access to if any of the following apply:
- The person has an alcohol concentration of at least .08;
- The person is under the influence of intoxicating liquor;
- The person is under the influence of any drug or substance or combination
of drugs or substances leaving the person incapable of safely driving; or
- The person refuses chemical testing.
DUI cases in North Dakota have both an administrative component and a criminal
component. While the issues are similar, the administrative and criminal
components are independent proceedings that present separate potential
The administrative component is the proceeding in which the North Dakota
Department of Transportation is attempting to suspend or revoke your North
Dakota driving privileges.
The criminal component is the criminal charge filed against the driver
resulting in a potential criminal record, jail time, probation, chemical
dependency evaluation and treatment, fines, and court costs.
Additional Collateral Consequences of DUI
There are several potential collateral consequences of a DUI conviction.
Admissibility to certain countries, like Canada, may be prohibited. The
Federal Aviation Administration may take adverse action against a licensed
pilot as a result of either a conviction or administrative license suspension
resulting from a DUI. A convicted offender may be required to obtain high-risk coverage.
A commercial driver’s license loss may result from a DUI occurring
in a non-commercial vehicle. Additional penalties exist for those driving
a commercial vehicle under the influence of alcohol, and for those under
the age 21. Please contact your attorney to learn more about these specific issues.
Administrative Hearing -
Attorneys Specializing in North Dakota DUI Defense Cases:
Mark A. Friese,
Bruce D. Quick and