Want to Keep Your License After a DUI? Here’s How.

woman handing drivers license to cop criminal law fargo

If you are charged with driving under the influence (DUI) of alcohol or drugs in Fargo, you are likely worried about fines, possible jail time, and the other ways a possible conviction can affect your life. One major way a DUI case can make things difficult is the suspension of your driver’s license. 

Not having a valid license – even for a short period of time – can be highly inconvenient, and it can cause some people to lose their jobs or experience other challenges. It is important to discuss how you can keep your license with a skilled DUI defense lawyer as soon as possible after your arrest, as you only have a short time to defend against a license suspension.

The Administrative Side of DUI

When the prosecutor or police issue DUI charges, that case will take place in criminal court. However, the immediate suspension of your driver’s license before a conviction occurs is an administrative action by the North Dakota Department of Transportation.

The DOT can almost immediately suspend your license if one of the following is true:

  • A chemical test showed that your blood alcohol content (BAC) was over the legal limit of 0.08 percent
  • You refused to submit to chemical testing

Note that the 0.08 percent limit applies to most, but not all, drivers. People operating commercial vehicles are limited to a BAC of 0.04 percent, while there is a zero-tolerance law for underage drivers, and their BAC cannot exceed 0.02 percent. 

If one of the above circumstances occurs in your case, you should receive a Report and Notice from the arresting officer. You only have the opportunity to challenge your license suspension for ten days after receiving the Report and Notice. This is why it is important to contact the right defense lawyer right away. If you fail to request the hearing within 10 days, your license will be suspended automatically after 25 days. 

A DUI defense attorney will know how to request an administrative hearing with the DOT, at which they can fight for you to keep your driving privileges. They will also handle the criminal side of your case, working to prevent a conviction and subsequent license suspension down the road. 

Learn How Our Fargo DUI Defense Lawyers Can Help in Your Case

If you are arrested for DUI, you will want an attorney who will address both the criminal and administrative sides of your case. At O’Keeffe O’Brien Lyson Foss, we fight for our clients to keep their licenses whenever possible. If you were arrested, do not wait to contact our experienced criminal defense attorney Tatum O’Brien directly by email, or call our firm at 701-235-8000 or toll-free 877-235-8002.

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