Trusted Grand Forks DUI Lawyers Serving North Dakota And Minnesota

Last updated on August 4, 2026

While there seems to be a decrease in the volume of DUI/DWI charges, both Minnesota and North Dakota courtrooms still take these charges very seriously. This attitude toward DUI charges is reflected in the escalating severity of a conviction based on the number of prior convictions someone has. When prior convictions can mean losing your license for more than a year, it is important to do everything you can to keep it as clear as possible.

Arrested for drunk driving? Speak with an attorney today by calling 701-314-2203 or using our contact form.

At Reichert Law Office, we have been defending clients throughout North Dakota and northern Minnesota for more than 25 years. Our work as criminal defense lawyers has had us defend cases as severe as ones involving the death penalty and life sentences. We are not afraid of taking on cases other law firms would not, and we are committed to defending our clients through every stage of their case.

Exploring Possible Defenses Of Your DUI Case

We understand the long-term legal and collateral consequences of a DUI conviction. For example, a conviction can result in losing your license for a period of time, as well as time in jail and fines; but those are not the only consequences you may be facing. If your job requires you to drive, you may lose your job as a result of your conviction or because you are no longer able to make it into work reliably.

To help you avoid these and other consequences in your case, we look to pursue any viable defense in your case, including:

• Improper roadside testing
• Failure to properly maintain testing devices
• Inaccurate test results
• Lack of or unreliable evidence
• Unknown intoxication (either by being drugged or the result of being on a new medication)
• Lack of probable cause to conduct a traffic stop

We take the time to scrutinize the details in your case to look for any weakness in the prosecution’s position. If beating your charges is not viable, we are prepared to continue to represent you by negotiating for reduced charges or a better plea deal. Our attorneys will stand by your side through every stage of your defense case.

Understanding North Dakota DUI Laws

North Dakota law prohibits operating or being in actual physical control of a vehicle while under the influence of alcohol, drugs or any other impairing substance.

Law enforcement generally considers drivers legally impaired when their blood alcohol content (BAC) reaches .08% or higher. However, prosecutors can still file DUI charges if other evidence shows your ability to drive was impaired.

Different BAC limits also apply depending on the driver:

• Most drivers: A BAC of .08% or higher
• Commercial vehicle operators: A BAC of .04% or higher
• Drivers younger than 21: A BAC of .02% or higher

Understanding which legal standard applies to your case is an important part of evaluating the evidence and developing a defense strategy.

Consequences Of A Drunk Driving Conviction In North Dakota

Legally, a first-time DUI conviction could result in fines ranging from $500 to $1,500, depending on your blood alcohol content. You may also face a driver’s license suspension of up to 180 days and, in some cases, mandatory participation in an alcohol education or treatment program.

If your BAC is high or there are aggravating factors (like having a minor in the car), the penalties can be much more severe, including potential jail time.

For repeat offenders, North Dakota law imposes harsher penalties. A second or third offense can increase fines, extend license suspension periods and lead to longer jail sentences. For example, a second conviction within seven years might result in a fine of up to $1,500, a minimum 10-day jail sentence and a one-year license suspension.

Beyond the legal penalties, a DUI can appear on your criminal record, affecting your employment prospects, especially in fields requiring a clean driving record or background check. Insurance premiums often rise following a DUI conviction, and some insurers may refuse to cover motorists with a history of impaired driving.

Aggravating Factors That Can Increase Your DUI Penalties

Not every DUI charge carries the same potential penalties. Certain circumstances can lead to enhanced consequences under North Dakota law, making it even more important to understand your legal options.

Some aggravating factors include:

• A BAC of .16% or higher, which may result in increased fines and mandatory minimum jail time
• Having a passenger under the age of 18 in the vehicle
• Prior DUI convictions that increase the severity of a new charge
• A crash that causes serious injury or death, which may result in additional criminal charges
• Reckless or dangerous driving behavior while allegedly impaired

Our attorneys thoroughly examine the evidence, investigate the circumstances surrounding the arrest and work to present the full context of your case while protecting your rights throughout the criminal process.

Can You Refuse A Breathalyzer Test?

Drivers are subject to the state’s implied consent law. This means that by driving, you automatically consent to chemical testing (such as breath, blood or urine tests) if law enforcement suspects you are driving under the influence.

While you have the right to refuse a breathalyzer test, doing so comes with its own penalties. Refusal can lead to an automatic license suspension for up to 180 days for a first refusal. The suspension can extend to two years for a second breathalyzer refusal within seven years.

What Is The Difference Between A DUI And A DWI In North Dakota?

The definitions of DUI (driving under the influence) and DWI (driving while intoxicated) vary from one state to another. In North Dakota, there is no legal distinction between the two terms.

A DUI means operating a vehicle with a BAC of .08% or higher or after consuming alcohol, illegal drugs or prescription medications that affect your ability to drive safely. On the other hand, DWI is sometimes used to refer to driving with a higher level of intoxication or impairment, though this distinction does not exist in North Dakota. Regardless of the terminology, both DUI and DWI charges indicate that a driver was operating a vehicle while impaired, and the legal consequences are similarly severe.

What Happens After A DUI Arrest In North Dakota?

A DUI arrest can be confusing and stressful, especially if this is your first encounter with the criminal justice system. While every case is different, most DUI cases follow a similar process.

Typically, the process includes:

1. Traffic stop: An officer initiates a stop based on suspected impaired driving or another traffic violation.
2. Field sobriety testing: The officer may ask you to perform field sobriety tests and answer questions.
3. Preliminary breath testing: Officers may request a roadside breath test as part of their investigation.
4. Arrest: If the officer believes there is probable cause, they may arrest you.
5. Chemical testing: Law enforcement may ask you to submit to a breath, blood or urine test under North Dakota’s implied consent law.
6. Booking: Officers record the arrest and process the criminal charge.
7. Initial court appearance (arraignment): You appear before the court to hear the charges and begin the criminal case.
8. Administrative driver’s license proceedings: Separate from the criminal case, you may face actions affecting your driving privileges.
9. Pretrial negotiations or trial: Your case may end through plea negotiations or continue to trial.

Obtaining legal guidance early in the process allows your attorney to review the evidence, explain your legal options and begin preparing your defense.

Defend Your Rights With A Grand Forks DUI Lawyer

Representing yourself can result in receiving a conviction we could have helped you avoid. Let us help you protect your license, reputation and rights by contacting our Grand Forks office today. Call us at 701-314-2203 or email us here to schedule your free initial consultation today.