In North Dakota, a driving under the influence (DUI) criminal case typically involves several stages and procedures. Here’s a general overview of what happens in a North Dakota DUI case:
- Traffic Stop or Arrest: The process usually begins with a traffic stop by law enforcement officers who suspect that a driver may be under the influence of alcohol or drugs. The officers may observe erratic driving behavior, speeding, or other signs of impairment.
- Field Sobriety Tests (FSTs): If the officer suspects impairment, they may request the driver to perform field sobriety tests such as walking in a straight line or standing on one leg. These tests help the officer assess the driver’s coordination and balance, providing evidence of impairment.
- Breathalyzer Test or Chemical Tests: If the officer believes the driver is intoxicated, they may request a breathalyzer test or chemical tests (blood or urine) to measure the driver’s blood alcohol concentration (BAC) or the presence of drugs in their system. In North Dakota, drivers are subject to implied consent laws, meaning that refusal to submit to these tests can result in penalties, such as license suspension.
- Arrest and Booking: If the driver fails field sobriety tests or has a BAC above the legal limit (0.08% for drivers 21 and older), they may be arrested and taken into custody. They will then be booked at the local police station or county jail, where their personal information will be recorded, and they may be fingerprinted and photographed.
- First Appearance and Arraignment: The arrested individual will have a first appearance before a judge, typically within a few days of the arrest. At this time, they will be informed of the charges against them and may enter a plea of guilty, not guilty, or no contest. If they plead not guilty, a date for the arraignment will be set.
- Pre-Trial Motions and Hearings: Before the trial, there may be pre-trial motions and hearings where the defense and prosecution may argue various legal issues, such as the admissibility of evidence or the validity of the arrest.
- Trial: If the case proceeds to trial, both the prosecution and defense will present their evidence and arguments before a judge or jury. The prosecution must prove the defendant’s guilt beyond a reasonable doubt.
- Sentencing: If the defendant is found guilty or pleads guilty, they will be sentenced by the judge. Sentences for DUI convictions in North Dakota may include fines, license suspension, mandatory attendance at alcohol education programs, probation, and even jail time, especially for repeat offenders or those involved in accidents causing injury or death.
- Appeals: If the defendant is convicted and disagrees with the verdict or the sentence, they may have the right to appeal the decision to a higher court.
Throughout the process, individuals charged with DUI have the right to legal representation, and it’s often advisable to consult with an experienced DUI attorney to understand their rights and options.