Do you or a loved one need help with a divorce, child custody, or adoption? Have you been charged with a crime in North Dakota? Are you or someone you know dealing with an eviction? If so, the team at Rowenhorst Law can help! When you come to us for assistance, you can have peace of mind knowing that we are working to the best of our abilities in order to achieve a favorable outcome on your behalf.
DUI
Dealing with a DUI charge can be a daunting and overwhelming experience. You need the help of an experienced and certified DUI attorney in Minot, North Dakota. Each year thousands intoxicated drivers may find themselves in jail, facing steep fines, and unable to drive because of license revocation. Though you should never drive after consuming drugs or alcohol, mistakes can happen. If you are arrested for driving while under the influence you still have rights and Rowenhorst Law works hard to protect them.
What Sets Rowenhorst Law Apart?
Brandon Rowenhorst invests the time, energy, and resources needed to help clients achieve the best possible outcome in their case. He goes above and beyond to maximize a client’s chances of getting their charges reduced or dropped altogether by continually expanding his knowledge and skills. Brandon has taken it upon himself to become one of the few DUI experts in North Dakota by becoming certified in DWI Detection & Standardized Field Sobriety Testing, Advanced Roadside Impaired Driving Enforcement, and Principles & Techniques of Training in Standardized Field Sobriety Testing “The SFST Instructor Training School”, all of which are approved by the National Highway Traffic Safety Administration (NHTSA). His invaluable training allows him to build high-caliber defense strategies backed by key insights and comprehensive knowledge in multiple disciplines of DUI detection and field sobriety testing.
What Should I do if I am Arrested for a DUI in North Dakota?
Most people have heard of their right to remain silent and their right to an attorney, but what people may not realize is that you must first assert those rights by informing the authorities of your intention to do so.
- Stay Calm: Being aggressive or combative with law enforcement will not help you.
- Assert and Maintain Your Rights: Remain silent and request an attorney.
You should communicate to the authorities during and following a DUI arrest that you wish to exercise your right to remain silent and that you wish to exercise your right to an attorney. Once you have asserted these rights, maintain them by remaining silent. If, and only if, you have been read the North Dakota “Implied Consent Advisory” and are asked whether you consent to submitting to a chemical test, should you break your silence to either consent or refuse. Remaining silent when asked if you consent WILL be recorded as a “Refusal.” After you have given or denied your consent, reassert your right to remain silent and maintain silence until your attorney arrives.
The authorities may use interrogation tactics to try to get you to waive your right to remain silent or have an attorney present, which is why you should ALWAYS maintain your silence until your attorney is present.
Time is not on your side following a DUI arrest, so contacting Rowenhorst Law for a consultation immediately after your arrest is critical.
Contact our North Dakota DUI lawyer for the help you need. We can be reached at 701-340-9788 for a FREE DUI Consultation.
Implied Consent, Chemical Testing (Breathalyzer), & North Dakota Law
When you obtain a driver’s license and choose to use it to operate a vehicle, you implicitly agree to abide by North Dakota driving laws. This agreement is called “implied consent.” If you are arrested for a DUI, law enforcement is required to read the “North Dakota Implied Consent Advisory” which informs the individual that North Dakota law requires them to submit to chemical testing (BAC% Test/Breathalyzer). Acknowledging that you understand the “North Dakota Implied Consent Advisory” and informing the arresting officer of whether you will submit to chemical testing is the one unique exception to your right to remain silent during a DUI arrest. It is important to understand that refusing to submit to a chemical test is a crime in the state of North Dakota.
DUI Penalties in North Dakota
The state of North Dakota gives harsh penalties for DUI convictions depending on the number of prior DUI offenses that occurred within the previous seven years. With this in mind, if convicted, the judge will determine how much jail time to impose as well as the amount of the fines to be paid as part of your sentence.
Possible ND DUI Penalties:
- For a first offense, you could face up to 30 days in jail as well as $500 to $1,500 fines
- If charged with a second offense, you could face 10 to 30 days in jail with a $1,500 fine.
- For a third offense, you could face 120 to 360 days in jail with a $2,000 to $3,000 fine.
It is in your best interests to retain a DUI defense attorney who is competent, experienced and trained in handling cases like yours. If you have been arrested on a DUI charge in North Dakota, contact Brandon Rowenhorst immediately at 701-340-9788 to discuss your rights. At Rowenhorst Law, we provide you with the compassionate and dedicated legal services that you deserve.
Aggravated Factors
Certain circumstances can elevate a DUI from a misdemeanor charge to a felony. Three of the aggravating factors include:
- DUI with Injury – DUI with an injury can be charged as a class C felony. You could face 1-5 years in prison and a maximum fine of $10,000.
- DUI with Fatalities – If a death occurs as a result of DUI, this crime can be charged as a class A felony. You could face 3 to 20 years in prison and a maximum fine of $20,000.
- Minor passengers – If at the time that you were arrested for a DUI there was a minor passenger present in the vehicle, it can be charged as a class C felony. You could face 5 years in prison and a maximum fine of $10,000.
Alternatives to Impaired Driving in North Dakota
If you have consumed drugs or alcohol, you should not drive. If you anticipate that you will be using drugs or alcohol arrange for someone else to get you home safely.
You will also want to consider some of the following options:
- Minot public transportation: The City of Minot provides publicly supported transportation that may be available at reduced or no cost.
- Shared car services: Shared car services, such as Lyft and Uber, are growing in popularity and are affordable alternatives to impaired driving.
- Taxi services: Traditional taxi services are also available in Minot, and they remain a safe and cost-effective mode of transportation.