Reichert Law OfficeReichert Law Office2026-08-13T14:18:50Zhttps://www.reichertlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303506/2023/08/cropped-site-icon-32x32.pngOn Behalf of Reichert Law Office<![CDATA[What is North Dakota’s implied consent law?]]>https://www.reichertlaw.com/?p=512532026-08-11T15:16:05Z2026-08-13T14:18:50ZUnderstanding the basics of implied consent
North Dakota law treats a person who drives on a highway or certain public or private areas as having agreed to chemical testing for alcohol or drugs. The law sets rules for when this testing may occur. The testing can involve blood, breath, oral fluid or urine.
For the chemical testing procedure under the implied consent law, an officer must direct the test after placing the individual under arrest for driving under the influence or an equivalent offense. The officer must also explain that North Dakota law requires the test. The officer must warn that refusing it may lead to a loss of driving privileges.
The law applies to North Dakota residents and out-of-state drivers who drive in North Dakota. A separate provision also addresses on-site screening tests, which can occur under different circumstances.
Consequences of refusing a chemical test
Refusing a chemical test can lead to the revocation of your driving privileges. A qualifying first refusal generally results in a 180-day revocation. If your driving record shows one prior qualifying suspension, revocation or denial within the preceding seven years, a subsequent refusal can result in a two-year revocation. A third qualifying refusal can result in a three-year revocation when the statutory requirements are met.
The revocation process is administrative rather than a criminal sentence imposed by a court. You generally have 10 days after the temporary operator's permit is issued to request an administrative hearing.
A refusal can also affect a criminal case. North Dakota law allows proof of a person's refusal to be admitted in a civil or criminal proceeding arising from the alleged DUI conduct. Refusing a test does not necessarily prevent an arrest or DUI charge because officers may rely on other evidence.
Your rights during chemical testing
North Dakota law gives a person who submits to a chemical test the opportunity to obtain an additional test. You can have a medically qualified person of your choosing administer another test, but you must pay the costs. The law also states that being unable to obtain an additional test does not prevent admission of the test conducted at the direction of law enforcement.
You can request a copy of certain testing records, including the operational checklist and test record for a breath test or the analytical report for a blood or urine test.
You may also ask to speak with an attorney, but requesting legal advice does not necessarily allow you to delay chemical testing indefinitely. The circumstances surrounding a request for counsel can affect whether a person's conduct amounts to a refusal.
Understanding your options during a traffic stop
North Dakota's implied consent law treats drivers as having given consent to certain chemical testing, subject to the requirements of the law. A refusal can lead to a substantial revocation of driving privileges and may also be used as evidence in a related proceeding. If you face a DUI investigation, knowing the testing process, potential penalties and available procedures can help you understand the options available to you.]]>On Behalf of Reichert Law Office<![CDATA[Can a misdemeanor affect your job or criminal record?]]>https://www.reichertlaw.com/?p=512432026-07-29T06:44:02Z2026-06-29T06:43:34ZA misdemeanor can appear on background checks
In many cases, a misdemeanor conviction becomes part of your criminal record. Employers, landlords, licensing boards, and educational institutions may discover it during a background check. Depending on the nature of the offense and the position you seek, a misdemeanor could affect:
Although not every employer treats misdemeanors the same way, a criminal record may raise questions about your background.
Some offenses carry greater consequences
The impact of a misdemeanor often depends on the specific charge. For example, convictions involving violence, theft, domestic violence, DUI, or drug offenses may receive greater scrutiny than other misdemeanor offenses.
Certain convictions may also create collateral consequences, including:
Difficulty obtaining or renewing professional licenses
Increased insurance premiums
Restrictions related to firearm ownership in some situations
Immigration consequences for non-U.S. citizens, depending on the offense
Understanding these potential consequences before resolving your case is important because they may extend far beyond the court's sentence.
Can you clear a misdemeanor from your record?
North Dakota law provides opportunities for some individuals to seek relief from certain criminal records. Depending on your circumstances, you may qualify to have a record sealed or obtain other forms of post-conviction relief if you meet the legal requirements.
Eligibility depends on several factors, including:
The type of offense
Whether the case resulted in a conviction
The amount of time that has passed
Your overall criminal history
An attorney can review your record and determine whether any options may be available under North Dakota law.
Why legal representation matters
Even a misdemeanor deserves serious attention. A criminal defense attorney may identify weaknesses in the prosecution's case, negotiate for reduced charges, or pursue alternatives that minimize the long-term consequences of a conviction.
Acting early may improve your chances of protecting both your freedom and your future opportunities.
Protect your future after a misdemeanor charge
A misdemeanor may seem less serious than a felony, but it can still affect your career, reputation, and financial stability for years. Before accepting a plea agreement or making decisions about your case, it is important to understand the potential consequences.
If you are facing misdemeanor charges in Grand Forks or elsewhere in North Dakota, an experienced criminal defense attorney can explain your rights, evaluate your legal options, and work to achieve the best possible outcome while protecting your future.]]>On Behalf of Reichert Law Office<![CDATA[Who is liable if drugs are found in a car with other passengers?]]>https://www.reichertlaw.com/?p=512372026-06-17T15:44:19Z2026-06-17T15:44:19ZResponsibility may depend on possession and control
When officers find drugs inside a vehicle, they do not always assume that one person is solely liable. In some situations, several occupants can face accusations. However, prosecutors can only obtain a conviction if they have enough evidence that connects a specific person to the substance.
Depending on the facts, responsibility often falls on:
The person carrying the drugs in a pocket or wallet
The person whose bag contains the substance
The driver, if the drugs are in an area tied to vehicle control
A passenger seated near the drugs, if other facts show knowledge and control of the substance
More than one occupant, if evidence suggests shared access or shared control
These possibilities show why location matters. Officers may view drugs in a personal item differently from drugs in a shared space. If officers find them under a shared seat or in the glove compartment, the issue becomes more complex.
That complexity matters because courts may look at possession in different forms. In North Dakota, courts have explained that possession can be actual or constructive and exclusive or shared. Actual possession means the drugs were on the person, while constructive possession means the person knew about the drugs and could control them.
Meanwhile, exclusive possession generally means one person had control over the substance, while shared possession means more than one person allegedly had control over it. The state may prove these through direct or circumstantial evidence. This rule matters in vehicle cases because your mere presence does not automatically prove possession. Prosecutors need facts that connect you to the substance.
Why the details of the stop matter
The facts surrounding the search often guide the case. Officers may consider whether the circumstances support an inference of knowledge, access or dominion over the substance. They may also assess where each person sat, what each person said and whether the drugs were hidden in a personal item or a common area.
Because several people can face charges based on the same substance, these cases require careful review. Legal guidance can help you understand how the evidence relates to possession and what issues may affect the charge against you.]]>On Behalf of Reichert Law Office<![CDATA[How your clothing affects field sobriety test results]]>https://www.reichertlaw.com/?p=512272026-05-22T08:22:36Z2026-05-22T08:22:36ZYour footwear may affect your balance
Your shoes play a critical role in your ability to complete field sobriety tests. Many of these tests require precise balance and coordination, tasks that become much more difficult in certain types of footwear. If you are wearing high heels, your ability to walk in a straight line or stand on one leg becomes compromised even under normal circumstances. The elevated heel shifts your center of gravity and makes maintaining balance significantly harder.
Similarly, flip-flops or loose sandals can slip off your feet or catch on uneven pavement during the walking tests. Boots with thick soles reduce your ability to feel the ground beneath you, affecting your stability. Platform shoes or wedges create additional height and instability.
Even well-worn shoes with smooth soles can cause you to slip on wet or icy North Dakota roads. Officers may offer you the option to remove your shoes, but performing tests barefoot on cold pavement or rough surfaces presents its own set of challenges that can affect your performance.
Your clothing could restrict your movement
The clothes you are wearing can also impact your ability to perform field sobriety tests effectively. Tight skirts or dresses restrict your leg movement, making it difficult to take the heel-to-toe steps required in the walk-and-turn test.
Business suits with fitted jackets can limit your arm movements and overall flexibility. Long coats or heavy winter clothing, common in North Dakota's cold climate, can throw off your balance and make it harder to move naturally.
If you are wearing clothing designed for a formal event or professional setting, you may not have the range of motion needed for physical tests. Tight pants can restrict your ability to lift your leg for the one-leg stand test. Bulky winter gear can shift your center of gravity and make you appear unsteady.
These clothing-related factors can cause you to perform poorly on field sobriety tests even when you are completely sober, leading to inaccurate assessments of your level of impairment.
Protecting yourself from a wrongful DUI charge
Clothing and footwear can significantly influence how you perform on field sobriety tests, sometimes making balance and coordination more difficult, regardless of impairment. When officers evaluate your performance, these external factors may affect your results. Your knowledge and awareness of how clothing affects your performance could protect you from wrongful charges.]]>On Behalf of Reichert Law Office<![CDATA[Car crash statistics in North Dakota for 2026]]>https://www.reichertlaw.com/?p=512222026-05-11T17:11:36Z2026-05-11T17:11:36ZNorth Dakota’s crash trends in 2026 continue to highlight an important reality: while fatalities have declined in recent years, serious vehicle accidents remain a major concern across the state. Drivers continue to face risks tied to rural highways, severe weather, distracted driving, impaired driving and increased commercial traffic.
Recent data from North Dakota transportation and safety agencies shows that the state has made progress in reducing traffic deaths over the last several years. North Dakota reported just 89 traffic fatalities in 2024, the lowest annual total in more than two decades. However, preliminary 2025 and early 2026 reports suggest that fatal crashes and serious injury collisions continue to occur regularly throughout the state.
What does the data say?
One continuing concern is impaired driving. North Dakota consistently ranks high for alcohol-related crashes compared to many other states. Recent statistics indicate that alcohol is a factor in roughly one-third of fatal crashes statewide. Speeding and failure to wear seat belts also remain significant contributors to fatal and catastrophic injuries. In 2024, nearly half of those killed in North Dakota crashes were reportedly unbelted. Rural driving conditions create additional risks unique to North Dakota. Long stretches of highway, oilfield traffic, agricultural equipment and extreme winter weather can combine to create dangerous situations. Commercial truck traffic tied to energy production in western North Dakota continues to place additional pressure on highways in the Bakken region. Snow, ice, whiteout conditions and strong winds also contribute to seasonal spikes in crashes each winter.Teen drivers remain another area of concern. Although drivers between the ages of 14 and 19 make up a relatively small percentage of licensed drivers, they are involved in a disproportionately high percentage of crashes statewide. Distracted driving involving phones and in-vehicle technology also continues to be a growing factor in collisions across all age groups.Even though safety campaigns like Vision Zero have helped improve awareness and reduce fatalities overall, serious crashes still happen every day. If you or a loved one has been injured in a North Dakota car accident, it is important to understand that insurance companies often move quickly to limit payouts. Speaking with a skilled legal team can help you to protect your rights accordingly. ]]>On Behalf of Reichert Law Office<![CDATA[Can an online joke lead to terroristic threat charges?]]>https://www.reichertlaw.com/?p=512212026-04-24T06:50:42Z2026-04-24T06:50:42ZDefining terroristic threats
Under North Dakota law, a person commits the offense of terrorizing by threatening to commit a crime of violence with the intent to place another person in fear for their safety. This also covers remarks intended to cause serious public alarm or inconvenience, such as evacuations or emergency responses.
The law does not require you to act on what you said for charges to apply. Making the post itself, if it meets the legal threshold, is enough for prosecutors to move forward with a case.
Drawing the line between free speech and criminal conduct
The First Amendment shields a broad range of expression, including speech that many people would find offensive or distasteful. However, the U.S. Supreme Court has recognized that certain categories of speech, including "true threats", fall outside constitutional protection. This is generally a statement that a reasonable person would interpret as a serious expression of intent to harm someone.
The challenge with online communication is that tone, sarcasm and intent are difficult to convey in text alone. A joke you shared with a friend who understands your humor can be screenshotted, stripped of context and reported to authorities by someone who reads it differently.
Facing the lasting fallout of a "prank"
North Dakota classifies the offense of terrorizing as a Class C felony. If convicted, you could face penalties that include:
Up to five years in state prison
Fines reaching $10,000
A felony conviction on your criminal record, which may remain publicly accessible
A felony record can limit your ability to find employment, secure housing or maintain professional licenses long after you have completed any sentence. Furthermore, you may lose certain civil rights, such as the right to possess firearms under both state and federal law.
Considering your options after an accusation
If you are battling a terrorizing charge after a post you made online, there are various avenues to defend yourself in court. One path may involve demonstrating that your statement was obvious hyperbole, that it lacked the intent or reckless disregard required to cause fear, or that it qualifies as protected expression under the First Amendment.
Approaching an attorney can help as they review the context of your post, the platform where it appeared and whether prosecutors can establish the level of intent the law requires. They can also explain the potential outcomes and set expectations on what the court process will look like.]]>On Behalf of Reichert Law Office<![CDATA[Was my fall someone else’s fault? 4 slip and fall FAQs]]>https://www.reichertlaw.com/?p=512172026-03-16T04:07:10Z2026-03-16T04:07:10ZA slip-and-fall accident can turn an ordinary day into one filled with pain, stress and uncertainty. While some falls are truly accidental, others occur because hazards went unaddressed or were ignored. Knowing how the process works can help you take steps to pursue compensation if someone else’s negligence contributed to your injury.
Here are four frequently asked questions about slip-and-fall claims in North Dakota.
1. Can I hold a property owner responsible?
Yes, but only if the owner failed to maintain reasonably safe conditions. North Dakota law expects property owners to address hazards they know about or should reasonably know exist, including wet floors, icy sidewalks, broken steps or damaged flooring. If a hazard caused your injury and the owner failed to repair it or provide a warning, you may have a valid claim for compensation.
2. Does it matter if I share some fault?
Yes. North Dakota follows a modified comparative fault system, which means your recovery can be reduced if your own actions contributed to the fall. For example, if you were 20% at fault, your total compensation would decrease by that percentage. However, if your responsibility exceeds 50%, you cannot recover any damages. Even when you share some fault, it does not automatically prevent you from seeking compensation, and consulting an attorney can help you understand how the law applies to your situation.
3. What types of compensation can I seek?
Slip-and-fall victims can potentially recover multiple types of damages. These often include medical bills, therapy costs, lost wages, pain and suffering and property damage. Keeping detailed records of injuries, treatment and time away from work strengthens your claim and allows an attorney to demonstrate clearly how the accident affected your life.
4. How long do I have to file a claim?
In North Dakota, you generally have six years from the date of the accident to file a personal injury claim. Acting promptly is crucial because waiting too long can prevent you from pursuing compensation. Gathering evidence, documenting injuries and consulting a legal professional quickly helps ensure your claim is preserved and gives your case the strongest possible foundation.By understanding your rights you can take informed steps to protect yourself after a slip-and-fall accident.
Seeking support after a fall
A slip-and-fall can leave lasting physical and emotional effects, and it’s normal to feel overwhelmed after an accident. Consulting a knowledgeable attorney can help you understand your options and provide you with reassurance during this difficult time. ]]>On Behalf of Reichert Law Office<![CDATA[5 hidden dangers of low-speed collisions in North Dakota]]>https://www.reichertlaw.com/?p=512032026-02-12T15:00:39Z2026-02-24T14:59:14ZA fender bender at 10 mph can cause as much bodily harm as a high-speed crash. Most North Dakota drivers don't realize that the absence of vehicle damage doesn't always guarantee the absence of injury. In fact, your body often suffers invisible trauma that won't reveal itself until days or even weeks after you drive away from what seems like a minor accident.
Why low speed crashes deserve your attention
Despite what you might think, low-speed crashes fool many drivers into a false sense of security. You might assume minimal damage equals minimal injury. However, this assumption puts you at risk. In reality, your body can sustain serious harm even when your car looks fine.
Five injuries that may not show up right away
The forces involved in even minor collisions can trigger various conditions throughout your body. Watch out for these common injuries that often appear after you leave the scene:
Whiplash and soft tissue damage: Your neck snaps forward and back, straining muscles and ligaments that cause delayed pain and stiffness.
Concussions: Your brain can hit your skull without visible head trauma, leading to confusion and dizziness.
Spinal injuries: Damaged vertebrae or discs create chronic back pain and nerve problems.
Joint injuries: Bracing for impact strains your shoulders, knees and wrists.
Delayed symptoms: Pain and cognitive issues surface later, making them harder to connect to your accident.
As you can see, these hidden injuries can impact your daily life and require proper medical attention. For this reason, taking immediate action after any collision matters, regardless of how minor it seems.
The importance of reporting minor crashes
Given the potential for delayed symptoms, you need to protect yourself from the start. First, always report minor crashes to the police and your insurance company. Next, visit a doctor immediately, even if you feel fine. Most importantly, medical records create a crucial link between your accident and any injuries that develop later.
Protecting yourself on the road
Ultimately, low-speed collisions carry real risks that deserve serious attention. Your health comes first, so never dismiss symptoms that appear in the days or weeks following an accident. Additionally, understanding your options for recovery and compensation can provide peace of mind during a stressful time. If you have questions about your situation, experienced professionals can help you navigate the path forward and ensure you receive the care and support you deserve.]]>On Behalf of Reichert Law Office<![CDATA[Who is responsible for icy sidewalk slip-and-fall costs?]]>https://www.reichertlaw.com/?p=512002026-01-23T20:47:24Z2026-01-23T20:47:24ZWinter in North Dakota is defined by long stretches of snow, ice and freezing temperatures. These realities affect both residents and visitors in a variety of ways. For example, snowy conditions can inspire great fun when opportunities for sledding, ice skating, snowshoeing and cross-country skiing present themselves.
However, these conditions can also create significant safety risks. Notably, wintertime in North Dakota generally translates to a significantly increased risk of slip-and-fall injuries on icy sidewalks. When someone is hurt in a fall, the resulting medical bills and other financial losses may be significant. Liability for such costs is usually dependent upon where the fall occurred and whether reasonable steps were taken to address known hazards.
Liability basics regarding snow and ice
Property owners are generally legally required to keep their premises reasonably safe. This duty can extend to sidewalks on or adjacent to their property, depending on local ordinances and the circumstances. In many North Dakota communities, property owners are required to remove snow and ice from sidewalks within a certain time after a storm ends. Failure to comply with these requirements may support a claim that the owner was negligent.Property owners are not expected to remove snow or ice instantaneously during an active storm. However, once the weather event has passed, they are typically given a reasonable window to clear walkways or apply salt or sand. Ice that forms from melting and refreezing, or from poor drainage, may be considered especially hazardous because it can persist long after a storm and is often foreseeable.Responsibility can also depend on who controls the sidewalk at issue. Sidewalks in front of private homes, apartment buildings or businesses may fall under the owner’s maintenance obligations. In other cases, sidewalks may be owned or maintained by a city or municipality, which can potentially be held accountable for harm under certain circumstances. It is important to keep in mind that photographs of the icy condition, weather reports, witness statements and records showing whether snow removal occurred can all help establish responsibility. Waiting too long can allow conditions to change and evidence to disappear.The issue of who is responsible for the costs related to a slip-and-fall on an icy sidewalk is a fact-specific question. In North Dakota, liability often turns on local rules, timing and whether reasonable care was exercised. A skilled legal team experienced with winter injury cases can help evaluate the circumstances, identify responsible parties and pursue compensation when negligence contributes to a fall.]]>On Behalf of Reichert Law Office<![CDATA[When worker negligence leads to a slip-and-fall at a store]]>https://www.reichertlaw.com/?p=511962025-12-21T23:22:42Z2025-12-21T23:22:42ZWhat is premises liability?
Premises liability is the legal and financial exposure that comes from welcoming others onto private property. Homeowners, landlords and businesses may all be at risk of premises liability claims. Most homeowners, renters and business insurance policies include premises liability coverage to limit financial exposure in case visitors sustain injuries.
Why is the business liable?
Most companies have clear policies regarding cleaning obligations and other worker responsibilities. Employees likely know that they need to address spills and routinely inspect the public facilities at a business to address any hazards that could lead to injuries.
However, understaffing could leave workers spread too thin to address maintenance and cleaning matters promptly. Other times, burned-out, underpaid workers may do the minimum amount of work necessary to avoid losing their jobs.
In either case, worker negligence might be the reason that an individual slips and falls while shopping or stopping in to consult with a licensed professional. Vicarious liability standards make employers responsible in scenarios where their workers do something negligent while on the clock, such as ignoring safety hazards that could cause people to trip or slip.
People hurt in slip-and-fall incidents can protect themselves by reporting the incident to management, documenting unsafe property conditions for their own records and seeing a medical professional to diagnose their injuries. Partnering with a personal injury attorney can also be a smart decision.
Those hurt in slip-and-fall incidents may have grounds for insurance claims or even personal injury lawsuits. With the right assistance, they can recoup their losses and hold a business responsible for failing to keep their space clean and safe.]]>