Can a DUI Be Dismissed in North Dakota? Why Your Attorney Matters More Than You Think

Getting charged with a DUI in North Dakota can feel overwhelming. You might worry about losing your license, facing jail time, or damaging your job and reputation. But here's something many people don’t realize: a DUI charge is not the same as a conviction—and with the right legal strategy, it may be possible to have the case dismissed entirely.

At Heartland Law Office, we recently helped a client do just that. After digging deep into the details of his arrest, we uncovered key legal issues that ultimately led to a full dismissal of his DUI charge. No conviction. No license suspension. No criminal record.

Here’s what you need to know about how DUI dismissals work in North Dakota—and why having an experienced attorney on your side could make all the difference.

How DUI Dismissals Happen in North Dakota

A DUI case can be dismissed when the prosecution’s evidence is flawed or improperly obtained. This doesn’t happen automatically—it takes a trained eye to identify weaknesses and hold law enforcement accountable.

Here are some common grounds for dismissal in North Dakota DUI cases:

1. Unlawful Traffic Stop

If the officer didn’t have a valid reason to pull you over—such as a traffic violation or reasonable suspicion of impairment—everything that happened after that may be inadmissible in court.

2. Improper Field Sobriety Testing

Officers are trained to follow strict guidelines for field sobriety tests (FSTs). If they administered the tests incorrectly or misinterpreted the results, the reliability of their observations can be challenged.

3. Breath or Blood Test Errors

Was the breathalyzer machine calibrated properly? Was the officer certified to use it? Were blood samples collected and stored correctly? Any mistake in the process can be grounds to throw out the test results.

4. Violation of Constitutional Rights

If you were denied access to an attorney, weren’t properly Mirandized, or your rights were otherwise violated during the stop or arrest, your case may be compromised.

Real Results: A Dismissal Won Through Legal Strategy

In a recent case here in North Dakota, our client was charged with DUI after a traffic stop late at night. But once we obtained the video footage and reviewed the arrest report, we noticed several inconsistencies and procedural errors—particularly in how the field sobriety tests were conducted.

We filed a motion to suppress the evidence and argued that the stop and subsequent investigation did not meet constitutional standards. The court agreed. With the evidence excluded, the prosecution had no case—and the DUI charge was dismissed.

Why Hiring a Competent DUI Defense Attorney Is Crucial

DUI cases move quickly. From license suspensions to arraignments and evidentiary deadlines, time is not on your side. That’s why hiring a skilled DUI attorney right away is so important.

Here’s what a good attorney will do:

• Review every detail of the stop and arrest

• Request and analyze dashcam or bodycam footage

• Challenge faulty field sobriety or chemical tests

• Negotiate aggressively with prosecutors

• File motions to suppress evidence or dismiss charges

It’s not about finding a loophole—it’s about making sure your rights are respected, and the law is properly followed.

Consequences of a DUI Conviction in ND

If you’re convicted of DUI in North Dakota, the penalties are serious:

• License suspension (minimum 91 days)

• Fines and court costs

• Mandatory alcohol education programs

• Possible jail time

• Permanent criminal record

These consequences can affect your ability to drive, work, or even travel. Avoiding a conviction through a dismissal or reduction is often the best outcome—and it’s only possible with a strong defense.

Serving Clients Across North Dakota

Whether you were stopped in Bismarck, Minot, Williston, or a rural part of the state, Heartland Law Office is here to help. We defend DUI cases in Burleigh, Ward, Williams, Stark, Morton, and other counties throughout North Dakota.

Our job is to look beyond the surface and fight for the best possible result. Every case is different—but we bring the same determination to every client.

Don’t Face a DUI Charge Alone—Call Us Today

If you’ve been charged with DUI in North Dakota, don’t assume you’re out of options. The sooner you get an attorney involved, the better your chances of a favorable outcome.

Check out our DUI Defense Page or Call 701-JUSTICE to schedule a free criminal consultation and speak with an experienced DUI defense attorney today!

Disclaimer:This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.