Everyone with a driver’s license has learned at some point that drunk driving is illegal. Instruction about impairment is a mandatory component of driver’s education courses. Additionally, public awareness campaigns and even storylines in popular media highlight the dangers of drunk driving.
Despite widespread awareness, driving under the influence (DUI) charges remain some of the most common criminal infractions prosecuted in North Dakota. Drivers may underestimate their level of intoxication or might overestimate this skill. They might convince themselves that they can make it home without encountering a police officer.
Police officers on traffic patrol, especially around major holidays, around closing time for bars and on the weekends, are on the lookout for drunk drivers. Motorists frequently get arrested for DUIs in one of the three circumstances explained below.
After causing a crash
Police officers investigating motor vehicle collisions have to determine what caused the crash. In many cases, they may quickly reach the conclusion that chemical intoxication played a role in the incident. Chemical testing, field sobriety testing and statements made by the drivers involved can validate an officer’s suspicions. Even people who did not actually cause collisions can end up charged with DUI offenses if they fail testing after car crashes.
After failing a breath test
Sometimes, drivers draw the attention of a police officer due to erratic behavior on the road. Other times, officers might pull them over for a completely unrelated issue, such as a maintenance concern related to the vehicle’s safe operation. Officers who believe after talking to someone that they might be under the influence may have them perform field sobriety tests and also chemical breath tests to determine if they are over the legal limit. Motorists who fail those tests may end up arrested and facing criminal charges.
After encountering a checkpoint
Some states do not allow for sobriety checkpoints, also known as drunk driving roadblocks. However, the law in North Dakota permits police departments to establish DUI checkpoints when they fill out appropriate paperwork and follow best practices while conducting the checkpoints. Motorists who proceed through checkpoints are typically subject to initial screening. Those who show signs of intoxication may need to pull ahead or off to the side for additional training. Depending on how they perform during the screening, they may face arrest and prosecution.
The circumstances leading to a DUI arrest can have a direct influence on the best defense strategy to mount in response to the pending charges. Discussing this kind of situation with someone familiar with North Dakota drunk driving statutes can help drivers avoid convictions and minimize the consequences they’re facing after a drunk driving arrest.