Kellington & Oster P.C.
Schedule A Consultation Today: 701-969-7860
Kellington & Oster P.C.

Experienced, Detail-Oriented And Zealous On Our Clients’ Behalf

Driving Under The Influence Is A Crime, Not A Traffic Offense

People are often surprised to learn that a first DUI offense is not treated like a traffic ticket. It is a criminal charge and something that must be taken seriously. If you face DUI charges, there is no time to waste; talk to a lawyer today.

At Kellington & Oster, PC, DUI attorney Theresa Kellington provides over 33 years of experience in North Dakota criminal defense. She and our legal team are very knowledgeable about DUI law and know how to defend against these charges, regardless of their complexity. From a first offense to criminal vehicular injury, we can handle your case. Contact us in Bismarck today at 701-969-7860.

The Penalties For DUI Are Harsh

For a first offense, you will be charged with a Class B misdemeanor. Penalties may include:

  • A fine of $500 if your BAC is less than .16%
  • A fine of $750 if your BAC is .16% or higher and two days in jail
  • An alcohol/drug assessment at your expense
  • A license suspension of 91 days if your BAC is less than .18%
  • A license suspension of 180 days if your BAC is .18% or higher

For a second offense within seven years, you will be charged with a Class B misdemeanor. Penalties may include:

  • A fine of $1,500
  • A 10-day jail sentence
  • An alcohol/drug assessment at your expense
  • A mandatory 360-day period in the 24/7 Sobriety program
  • A license suspension of one year if your BAC is less than .18%
  • A license suspension of two years if your BAC is .18% or higher

For a third offense within seven years, you will be charged with a Class A misdemeanor. Penalties may include:

  • A fine of $2,000
  • 120 days in jail
  • An alcohol/drug assessment at your expense
  • A mandatory 360-day period in the 24/7 Sobriety program
  • A license suspension of two years if your BAC is less than .18%
  • A license suspension of three years if your BAC is .18% or higher
  • Supervised probation period of 360 days

As you can see, a DUI conviction is expensive and can put you in jail. It is typically better to fight the charges than plead guilty.

What Are The Defenses To DUI?

It is normal to feel as if there is no hope in a DUI case, but there are valid defenses to these charges such as:

  • Challenging the traffic stop
  • Breathalyzer calibration and accuracy
  • Medical conditions
  • Rising blood alcohol concentration
  • Procedural issues
  • Witness testimonies

Our DUI attorney will investigate the prosecution’s case against you and look for any issues with police procedure, evidence collection, problems with the field sobriety tests and problems with the breathalyzer machine. We can also question the officer who arrested you.

Protect Your License And Your Rights With Our DUI Attorney’s Help

Call us today at 701-969-7860 or send us an email for a consultation. We understand your situation, and we are here to help. We offer repeat-client discounts.