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What is the difference between a DWI and a DUI? The difference is mostly terminology. North Dakota uses DUI (Driving Under the Influence) while Minnesota uses DWI (Driving While Impaired). Both refer to operating a vehicle while impaired by alcohol, drugs, or a combination of both.

Technically, yes. But refusing a breathalyzer does not help you avoid a criminal charge. In both North Dakota and Minnesota, implied consent laws mean that by driving on public roads you have already agreed to chemical testing. Refusing a breath, blood, or urine test is itself a criminal offense that carries automatic license revocation and can result in penalties similar to or worse than a DWI conviction. Refusal is not a way out.

It can, depending on your profession and employer. A conviction creates a permanent criminal record that shows up on background checks. Certain professions including healthcare, education, law, and commercial driving carry additional licensing consequences. Even a first offense can affect your employment situation, which is one of many reasons to take the charge seriously from day one.

Yes. A first offense is still a criminal charge with real consequences including fines, license suspension, and a permanent record. Many people assume a first-offense DWI is a minor matter that will resolve itself. It won't. An experienced DWI attorney can identify weaknesses in the evidence, challenge the legality of the stop, and pursue outcomes that protect your record and your future.

In both North Dakota and Minnesota, a DWI or DUI conviction can stay on your criminal record permanently. In Minnesota, prior DWI offenses can be counted against you for up to 10 years when determining the severity of a new charge, while in North Dakota they can be counted against you for up to 7 years. This makes it critical to fight every charge rather than simply accepting a conviction and moving on.

Yes, in some cases. Dismissals and reductions are not guaranteed, but they are more achievable with skilled representation. Common grounds include an unlawful traffic stop, improper administration of field sobriety tests, errors in BAC testing equipment or procedures, and constitutional violations. Ringstrom DeKrey's attorneys review every case for these opportunities.

In both states, your license can be suspended or revoked quickly after a DWI arrest, sometimes before your criminal case is even resolved. There are administrative processes separate from the criminal court process. Acting quickly with an attorney is imperative and can make a significant difference in protecting your driving privileges.

No, you don’t have any obligation to tell them anything. In fact, telling an officer that you’ve had even one alcoholic beverage can provide enough “reasonable suspicion” for them to immediately expand a regular traffic stop into a DWI investigation. Whether you tell them you have or haven’t had anything to drink, they’re unlikely to believe you.

It depends. You cannot be charged with a crime based solely on your refusal to submit to field sobriety testing in either North Dakota or Minnesota. But your refusal to complete those tests can be used against you to develop probable cause to arrest you for a DWI/DUI. And in North Dakota, refusing the roadside preliminary breath test can result in the suspension of your driving privileges, even if you’re never arrested or charged criminally with DUI. Refusing to complete field sobriety tests can also have an impact on certain classifications of licenses like CDLs.

Again, this is not a “defense” to a DWI/DUI in the traditional sense as much as it is a basis to suppress evidence in a criminal case. The law requires officers to have reasonable suspicion that you’ve committed or are committing a traffic or criminal offense before stopping you. If they stop you without reasonable suspicion, it can be a basis to suppress all evidence the police obtained because of the illegal traffic stop. Meaning your case could be dismissed.

Technically, no. In both North Dakota and Minnesota, courts have held that DWI/DUI stops and investigations are closer to “limited incursion” traffic stops rather than outright arrests, and so Miranda warnings are not required before completing field sobriety tests and/or a breath test. But officers in both states are required to read their versions of “implied consent” advisories before administering a breath or other chemical test. And Miranda warnings are required if a post-arrest interview is requested or desired.

It can’t be an outright “defense” to a DWI/DUI charge, but the standardized field sobriety tests are fertile ground to attack an officer’s basis for harassing you and expanding an ordinary traffic stop into a DWI/DUI arrest. For officers, field sobriety tests are the building blocks to arrest someone for DWI/DUI. But a skilled DWI/DUI attorney will know whether the tests were administered properly and whether you actually passed the tests.

No. Courts have generally held that a chemical breath test is a minimally invasive “search” incident to arrest that requires probable cause, but not a search warrant. And while officers can’t technically force you to take a breath test, there are penalties for refusing to do so when officers have probable cause to believe that you’ve been operating a motor vehicle under the influence.

It depends on the reason, but in short, yes. There are many reasons a chemical breath test may not be accurate—residual mouth alcohol, failure to comply with required waiting/observation periods, and failure to conduct the breath test in accordance with approved methods, to name just a few. Results of these challenges vary greatly and typically require hiring an expert in the field to adequately explain to a judge or jury why the results are inaccurate.

That depends on a wide range of factors. Any truly “scientific” test relies on a set of “controls” that should never be subject to change. But the reality in a real-world environment is that many things that are supposed to be “controls” actually become variables. Take Henry’s Law for example. The result the breath test produces is in the form of “blood alcohol” concentration. The logical question becomes: if the device is testing your breath, how can it know what the concentration of alcohol is in your blood? The shorthand answer is that these devices generally use what’s called Henry’s Law. This law converts alcohol concentration in your “deep lung air” to what the alcohol concentration should theoretically be in your blood. But Henry’s Law is a “control” assumption based on an average conversion across closed containers with constant temperatures. And human beings are not closed containers with constant temperatures, nor is every human being “average.” There are many other factors that contribute to the reliability—or lack thereof—of breath tests. It’s important to have an experienced attorney who can work with breath test experts to ensure the best possible outcome.

It depends. Whether the vehicle was actually moving at the time of the offense isn’t as important as whether you were in “actual physical control” of the vehicle. Technically, all that’s required is that officers show you had the ability to immediately operate the vehicle at the time you were stopped or pulled over.

That largely depends on the severity of the charge and whether any aggravating factors (0.16% or above, minor children present in the vehicle, second or subsequent offense, etc.) are present. But basic penalty provisions include:

Minnesota

• Misdemeanor charges can mean up to 90 days in jail, a $1,000 fine, or both;

• Gross Misdemeanor charges can mean up to 364 days in jail, a $3,000 fine, or both; and,

• Felony charges can mean more than a year in prison.

North Dakota

• Class B Misdemeanor charges can mean up to 30 days in jail, a $1,500 fine, or both; 

• Class A Misdemeanor charges can mean up to 360 days in jail, a $3,000 fine, or both; and, 

• Felony charges can mean more than a year in prison.

It’s important to keep in mind that each state has its own respective “mandatory minimum” jail penalties for certain enhanced offenses. Some of those mandatory minimums can be reduced or eliminated with the help of an attorney. It’s important to have an experienced DWI/DUI attorney on your side to ensure the best possible outcome.

Yes, DWI/DUI offenses are criminal offenses that stay on your record when a conviction is entered. That said, individuals may request that their criminal DWI/DUI records eventually be “expunged” from court records in both North Dakota and Minnesota. DWI/DUI offenses also typically come with administrative penalties such as your license being revoked. These records are generally always available to law enforcement and government officials. This is mainly because DWI/DUIs are “enhanceable” offenses, meaning that criminal charges increase in severity with each subsequent offense.

An ignition interlock device is an electronic device that is placed in your car that requires you to “blow” before you can start the vehicle. These devices are used in Minnesota as part of administrative processes related to license reinstatement for impaired driving offenses. While North Dakota does have a law that mentions these devices, they are not yet in use in the state.

Depending on the charge, the short and unfortunate answer is yes. But you do have the right to file a lawsuit contesting their ability to seize your vehicle. In some cases, you’re able to get the vehicle back by enrolling in an ignition interlock device program and installing that device in the impounded vehicle. Again, the ability to prevent forfeiture and work around it depends on a variety of factors. Having an experienced attorney who knows their way around forfeiture and DWI/DUI laws is therefore important.

Generally speaking, in both North Dakota and Minnesota there is a period of time after being charged that you can still legally drive (unless your license status at the time of the stop was already invalid). Information about how long you’re able to continue driving will be on the administrative paperwork provided by law enforcement after your arrest. In North Dakota, resident drivers receive a temporary operator’s permit that is valid for 25 days after arrest.

In Minnesota, the timeframe for resident operators is generally shorter and temporary privileges only extend for 7 days after arrest. It’s important to keep in mind that even if the state declines to charge you with a DWI/DUI, it’s still possible to face administrative consequences like license suspension, revocation, or cancellation. The timeframes for filing challenges to administrative licensure penalties in North Dakota and Minnesota are short, and it’s important to be on top of the timelines to preserve your rights. Contact us if you’ve received a notice of suspension, revocation, or cancellation and are interested in challenging it.