If you’ve been arrested for DUI in North Dakota, you will be asked to take a chemical test designed to estimate the amount of alcohol in your blood. If the officer follows their training, they will read you a warning called the implied consent advisory before asking you to submit to the test. As you’re uncomfortably confined in the back seat of a patrol car or being booked at the jail the officer will read you the following:
The law enforcement officer shall inform the individual North Dakota law requires the individual to take a chemical test to determine whether the individual is under the influence of alcohol or drugs and refusal of the individual to submit to a test directed by the law enforcement officer may result in a revocation of the individual’s driving privileges for a minimum of one hundred eighty days and up to three years.
While this warning sounds nonsensical due to the common practice of reading it verbatim from the North Dakota Century Code, ignoring or misunderstanding it can result in serious consequences for the “individual” being asked to comply with its terms. If you take the test, the government will use the result to prosecute you for DUI and to potentially suspend your driving privileges. Even so, refusing the test usually just makes things worse.
Refusing the chemical test is almost always the wrong decision because you will be charged with the crime of DUI / Refusal in addition to DUI, and the impact on your driving privileges is even more punitive than for testing over the legal limit. If you refuse a test, the Department of Transportation will attempt to revoke your driving privileges instead of suspending them. Unlike a suspension imposed for testing above the legal limit, your driving privileges will not automatically be restored when the time period is up. Moreover, the time period imposed for a revocation is often twice as long as that imposed for a suspension. A skilled attorney can help you to identify any possible defenses that might be available, but what if none of these defenses apply to the facts of your case? Are you just out of luck? The answer depends on how quickly you act.
As this blog has discussed on multiple occasions, it is critically important to act fast if you’ve been charged with a crime. This is especially true if you’ve been charged with DUI / Refusal because North Dakota law only allows you 25 days to “cure” your refusal.
Curing your refusal is a last resort since it requires you to plead guilty to DUI within 25 days of the incident, but it does significantly reduce the consequences you will face. If you successfully cure your refusal, the Department of Transportation will impose sanctions on your driving privileges as if you tested over the legal limit as opposed to refusing the test. That means your driving privileges will be suspended instead of being revoked. It also means your suspension will be for a much shorter duration than the revocation you would have otherwise received.
Because a DUI / Refusal charge presents unique challenges and enhanced sanctions against your driving privileges, it’s vitally important to contact an experienced attorney as soon as possible if you’ve been charged with one. This will allow your attorney the time necessary to evaluate your case and advise you of your options. Even if your case doesn’t lend itself to any viable defenses, you can still avoid the harshest consequences for your driving privileges by curing your refusal. If you’ve been charged with DUI / Refusal, please contact SW&L Attorneys at 701-297-2890.
For future articles, check out our blog. This article is for informational purposes only and is subject to our disclaimer.
N.D.C.C. § 39-01-01(73).
N.D.C.C. § 39-01-01(92).
