Getting cases dismissed and charges reduced is what we do well.
Getting cases dismissed and charges reduced is what we do well.
We specialize in defending driving under the influence (DUI), actual physical control (APC), and DUI Refusal cases. We have expertise in handling elevated DUI cases - 2nd, 3rd, and 4th offense (felony) cases - cases that carry mandatory jail time.
We are the only law firm in the State of North Dakota to win DUI cases at both the United States Supreme Court and the North Dakota Supreme Court.
Are you currently charged with refusing a blood test or a urine test?
There is a very strong chance we can get that charge dismissed.
Did you plead guilty to refusing a blood test or a urine test?
Were you found guilty by a judge or a jury of refusing a blood test or urine test?
If you have a conviction for refusing a blood test or a urine test, there is a very good chance we can get that conviction removed from your record.
DUI information you should know:
What potential criminal penalties am I facing?
1st offense within the last 7 years
- no minimum mandatory jail time; range: 0-30 days in jail.
1st offense within the last 7 years, with BAC > 0.16
- minimum mandatory 2 days in jail; range: 2-30 days in jail.
2nd offense within the last 7 years
- minimum mandatory 10 days in jail; range: 10-30 days in jail.
3rd offense within the last 7 years
- minimum mandatory 120 days in jail; range: 120-365 days in jail.
4th offense (or greater); a felony
- minimum mandatory 1 year and 1 day in jail; range: up to 5 years in jail.
(a prior offense includes only instances where you pled guilty or where you were found guilty by a jury)
What could happen to my driver's license?
When a driver is arrested on suspicion of DUI (or actual physical control), there can be immediate consequences to that driver's operating privileges. The following is a list of possible suspensions/revocations:
Suspension (when driver does not refuse the chemical test)
- 1st violation within 7 years - suspend for 91 days
- 1st violation (w/i 7) with BAC > 0.18 - suspend for 180 days
- 2nd violation within 7 years - suspend for 365 days
- 2nd violation (w/i 7) with BAC > 0.18 - suspend for 2 years
- 3rd violation within 7 years - suspend for 3 years
Revocation (when the driver refuses the chemical test)
- 1st violation within 7 years - revoked for 180 days
- 2nd violation within 7 years - revoked for 2 years
- 3rd violation within 7 years - revoked for 3 years
Always, always, always, request a hearing at the Department of Transportation. If you hire an attorney, your attorney will request the hearing for you.
In the case of Birchfield v. North Dakota, where the DUI defendant was represented by Herbel Law Firm, the United States Supreme Court threw out Mr. Birchfield's refusal conviction and ruled that it is unconstitutional for the State of North Dakota to make it a crime to refuse a blood test, during a DUI investigation, when the law enforcement officer does not have a search warrant.
Am I required to perform field sobriety tests, like the eye test (HGN), the walk-and-turn test, and the one-legged stand test?
No. You have no obligation under North Dakota law to perform field sobriety tests. You may politely refuse those tests.
HERBEL LAW FIRM
Regency Business Center
3333 East Broadway Avenue, Suite 1205
Bismarck, ND 58501
(701) 323-0123
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How could a DUI charge impact you?
Calling a DUI or DWI defense attorney should be one of the first things you do. Your attorney will request a Department of Transportation hearing for you and educate you about what you may be facing. DUI charges can carry:
Fines - First-offense fines start at $500 and increase with BAC and priors.
Jail time - Jail time can range from 30 days for a first offense to five years for multiple offenses
License suspension - With high BAC levels, you could get a 180-day suspension on a first offense or an even longer suspension with priors.
Several factors can impact the severity of jail time and the length of license suspension, including BAC levels at the time of the offense and any prior offenses. For more information on DUIs, speak to a DUI defense attorney now.