Some top winning defenses to get out of a North Dakota first DUI charge include:
- Evidence of good driving techniques
- Alternative explanations for physical symptoms
- Prejudicial variables in the field sobriety test
- Flaws in the calibration or administration of the breathalyzer or chemical test
- A lack of reasonable suspicion in making the stop
- Rising blood alcohol
- Ketosis from Atkins Diet or Diabetes
- DUI with No Proof of Driving
Other reliable ways defendants beat a DUI case in ND include:
- The Breathalyzer machine was properly calibrated
- The blood test results were accurate or processed correctly
- Any rights were violated at any point during the traffic stop or arrest
- The officer did not have grounds to stop the person
- The credibility of the evidence or of the officer can be challenged
- Provide objective evidence that the individual was not legally intoxicated
In North Dakota, a first offense DUI conviction in 2024 can result in a fine of up to $750, two days jail time, and a 180-day license suspension.
Further steps to take after a DUI arrest in North Dakota include:
- Not talking about your arrest to anyone
- Contacting a local DUI defense attorney to schedule a free case evaluation
Refusal to submit to a chemical test is also considered a crime in this state, and may result in revocation of your driving privileges for 180 days to 3 years.
Since the penalties of a 1st offense conviction are harsh, free DUI help of a arrest review by a ND Board Certified attorney who specializes in local DUI defense is crucial as soon as possible in a case.
Best North Dakota DUI Strategies to Beat First-Time Charges With Expert Local Legal Help
When facing a local DUI charge, don’t throw in the towel before you know all your true best defense options from the free DUI help of an arrest review.
As North Dakota Board Certified DUI defense lawyers, our attorneys are have seen countless first-time charges thrown out or minimized, even against seemingly strong cases. Why? Because you have rights, and there are legal avenues to exploit that are uncovered within the arrest details.
This ND local DUI defense guide equips you with the knowledge and real-life examples to fight back effectively.
Demystifying the Maze:
First, understand the landscape:
- Charges: A first-time DUI can lead to fines, jail time, license suspension, and mandatory programs. But the severity hinges on your BAC and other factors.
- Dismissal Paths: Legal grounds exist to challenge the stop, field sobriety tests, breathalyzer results, or even procedural errors by the officer. Each case is unique, but a skilled lawyer can dissect the prosecution’s case and build a watertight defense.
Real-Life Example: Technicality Trumps Breathalyzer, Charges Dismissed
Our client Rick, a farmer, was pulled over for a supposed swerving lane change. His breathalyzer was borderline, but his lawyer discovered the officer hadn’t properly documented the stop protocol. This procedural error rendered all subsequent evidence, including the breathalyzer, inadmissible. The judge dismissed the case due to lack of valid evidence.
Your Arsenal of Defense Strategies:
- Unlawful Stop: Was the initial traffic stop justified? If not, all following evidence, like the breathalyzer, could be thrown out.
- Field Sobriety Test Flaws: These tests are subjective and prone to error. Your lawyer can highlight inconsistencies, potential medical conditions affecting your performance, or even improper administration by the officer.
- Breathalyzer/Blood Test Scrutiny: Calibration issues, improper administration, or even medical conditions like acid reflux can skew results. A thorough investigation and expert witnesses can raise reasonable doubt about the accuracy.
- Officer Procedural Problems: Did the police officer follow proper ND DUI protocol during the stop, arrest, and evidence collection? Any deviation could lead to suppression of evidence.
Remember, you’re not alone. A good DUI attorney in the area can:
- Become your legal detective: They’ll scrutinize every detail, interview witnesses, and identify potential weaknesses in the prosecution’s case.
- Negotiate like a champion: They’ll leverage the defense strategy arsenal to seek reduced charges or even dismissal.
- Be your courtroom warrior: They’ll confidently represent you and present your case persuasively before the judge.
Don’t Let Cost of the Best Local Lawyer for DUI Defense Cause You to Hesitate Getting Help:
Fighting a DUI can be financially stressful, but that shouldn’t stop you from getting the best defense who will give you the highest chances to beat the case.
Many top-rated local DUI lawyers in North Dakota offer free attorney help with expert advice or even pro bono services for certain cases.
Don’t let cost of the highest-quality legal representation alone prevent you from first exploring your cheapest and free options for trusted DUI help in the area.
Case Scenario: Affordable Lawyer Saves the Day for First-Time DUI
Emily, a young teacher, received a DUI with a low BAC. Her budget made her hesitant to hire a lawyer. However, a reputable ND DUI law firm with a local pro bono program offered to represent her. Through skillful negotiation, the lawyer got the DUI charge reduced to reckless driving, saving Emily from license suspension and hefty fines.
Remember, in North Dakota under updated 2024 state laws:
- A first-time DUI doesn’t have to be your life sentence.
- You have legal weapons, and a skilled lawyer can wield them effectively.
- Don’t let financial concerns hold you back from exploring your most affordable local DUI defense options.
Take Action, Secure Your Future:
Contact a preeminent North Dakota DUI lawyer today for a free local attorney consultation. After a free arrest review you can discuss your case, and explore your best defense options to get out of a DUI case with charges dismissed or dropped.
The sooner you secure the best DUI help available to implement a strong defense, the better your chances of winning your case quickly and leaving this chapter behind.
Hello,
My name is Robert Olson I was arrested for physical control of motor vehicle dui and it is completely wrong and done obviously for no reason but file false charges and arrest me. I have no idea why but I can prove with physical tangible proof that not only was I wrongfully charged arrested and coached (fear of retaliation ) I just had moved back to Fargo ND coming off a divorce, car broke down on way here ended up arriving by bus. I got a job at Crystal sugar and December 12th I purchased used red 2015 Ford explorer.
My roommate and couple friends went to local bar less than mile and half away. I had no tags temp insurance and I left the vehicle parked in our drive way and it was cold but not too cold we taxi there but I walked home when I was done. I had an argument a guy my brother friend Cory who was on the Fargo boxing team together back in high school telling stories that belonged to my brother claiming as his own we had words and eventually we just left. I walked home (intoxicated ? Yes) I get home I continue drinking have music on at mid range to high volume make myself pizza then decided to shower call it a night.
So took a shower went upstairs second floor attic / bedroom soaking wet in towel and dog starts barking out of control. I assume it’s roommate and maybe left keys behind. Quickly throw on jeans I was wearing and shirt I had in but didn’t button up. Go to door and it’s police asking me if this is my vehicle parked out here not looking or pointing at my vehicle which from where he’s standing is just couple feet from him and the massively powerful flood lights are on and whole yard and drive way lit up brighter than day time. I assume he meant that Ford explorer I bought just over 12hrs prior. I responded yes I am . Says can you show me the keys. I take them off key rack and say right here. He then informs me im under arrest for physical control dui.
I’m disabled and have hard time getting around and have a cane I debated the arrest explained just bought car left it here took taxi to bar and I walked home . That I did not drive my vehicle since coming home from dealership it was parked since afternoon. Back and forth we went, two officers were there one lead whole entire thing other was nice but very quiet to while first officer was not hearing it from me. While there they let me use restroom alone, also go upstairs retrieve my shoes alone and come back to put on. Nothing was making any sense to me I said my car in drive way I’m upstairs fresh out shower so what brought you hear. I was told that was called in and sent to investigate. That Lutheran social services said man passed out in his vehicle with doors locked engine running and car alarm going off repeatedly. First off I said that’s bs.
Later after getting report he bolstered even more fabricated bs to story and shows lied. As said door locked I wouldn’t wake up and that they really wanted to avoid breaking glass but he goes on to laters say opened door and woke me up and arrested me he also said I seemed combative and he had to cuff me. Other officers report written short time later from same computer said I was very calm and pleasant but rebuted charges. That inside house I was very polite. Why would they bring me in my own house to arrest me. They wouldn’t. Eventually taken to police car told I was going to hospital for blood draw and I said no thanks I am very intoxicated your breathalyzer confirms it your wrongfully arresting me and I was not driving you got me out of my home. Let’s go your arresting me let’s go get booked so I can bail out and figure this shot out. He insisted and yelled degrading things trying tell me I have no choice. He drove to the hospital says last chance . Nurse comes out he says his bs. I said I refuse anyone to take a sharp object and stabbing me in arm stealing what belongs to me for a crime I didn’t commit. He was passed off nurse says you know we cannot if he refuses and we left.
Got booked in bailed out and tried fight this. Stormy vickers was public defender I went to see him with both officers statements that contradicted each other and shows that this was wrong. He said I will decide what’s going on here Mr Olson refused to even engage in dialog about this. I kept going to court and plead not guilty so always got pushed forward. Year goes by I’m divorced army veteran dealing with VA claim appeals and having to put off my children coming to visit I had to have surgery eventually had medical apps drove and arrested for duis that I learned lost DL for a year due to refusal of blood draw. I thought that was addressed and I thought judge dropped that since I was not driving or claimed and argued and established physical control not driving. I could have misunderstood. Next step was to go to trial stormy vickers says to me here’s the deal. You could go trial take risk found guilty get maxed out get 10,000 dollar fine lose license for many years if I sued police department with my income 350.00 month from VA no longer worked crystal sugar that I have good case but need to hire out of state attorney if I could but can’t if I could said yes I would probably win you got kids want to visit you need DL, and you need more surgeries from injuries from military.
Prosecuting attorney offering 5 days house arrest 500.00 fine time served and year suspension up soon. Said that’s very little compared to max out. Looking back I should have said no gone after city legally the police and stormy vickers. I just wanted it over. Well didn’t happen that way got big fine and lic revoked longer and more. It wasn’t until later I discovered in a move the original Citation that really sealed the deal that I was not lying and police were breaking law violating my rights and in the whole picture cost me time with kids money and much more shortly after I found myself homeless in st cloud salvation army u able to recover from damaged caused.
The citation said I was driving a green 2013 jeep with vin number not matching my vin on my car. . In my drive way by door he knocked on just feet from my vehicle with bright flood lights on him the driveway and garage sat my car 2015 red Ford explorer. Upon finding this citation there was green jeep driven by employee of Lutheran social services they had to park in street right close to our house. They took information off that vehicle. I believe now the second officer intentionally wrote things that contradicted other statement and deliberately gave information of wrong car to other officer or put in report himself. I believe he tried help me but couldn’t or wouldn’t publicly break code of brotherhood but did not believe in what was going on.
I later learned Cory lease the person I had argued with at bar and embarrassed when called him out is known friend of few local police officers and is known to get mad and call upon his cop friends. I didn’t believe it when first heard it but stepping back and as unfolded I think it’s possibility but who knows. Where’s report of call to them about man in vehicle passed out doors locked car running and alarm going off. That’s one magically messed up car. Can alarm go off if car running and doors licked.? Never heard such a thing.
I’m terrified of police now, I’m angry and confused.
Sincerely
Robert olson