By Adam Justinger, Attorney, SW&L Attorneys
As a criminal defense attorney at SW&L Attorneys, the most common question I get asked outside of work is “What should I do if I get pulled over after drinking?” This is a valid question. However, the answer is far more complex than one might think. There are many factors and scenarios that must be considered. If you take away one piece of information from this article, it should be to ALWAYS request to speak to an attorney when you encounter law enforcement.
DUI laws are complex and ever-changing. North Dakota’s DUI laws are found under N.D.C.C. 39-08-01. When people think of DUI they generally think that an individual blew over a “.08.” However, this is only one of the five ways an individual can be charged with a DUI in North Dakota. Under state law, an individual can be charged with driving or being in actual physical control of a vehicle if: 1) they have an alcohol concentration of .08 or more within two hours of driving or actual physical control of a vehicle; 2) the person is under the influence of intoxicating liquor; 3) the person is under the influence of any drug or substance or combination of drugs or substances that renders that person incapable of safely driving; 4) the person is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely driving; or 5) the individual refused to submit to a chemical test of their blood, breath, or urine.
In order for law enforcement to stop your vehicle, they must have a reasonable articulable suspicion that a crime has been or is being committed, unless an exception applies. For example, a simple traffic violation could support the seizure of your vehicle. Generally, this is how law enforcement makes contact with a driver. Generally, law enforcement also takes into account the time of day, the day of the week, and the overall driving behavior. During a DUI investigation, law enforcement conducts a three-phase detection process.
Phase One: Vehicle in Motion
Phase One is known as “Vehicle in Motion.” During this phase, law enforcement makes initial observations of the vehicle, the stop, and the driver. Law enforcement is trained to look for a variety of different clues. These can include traffic violations, whether the vehicle stops appropriately, has varying speeds, fails to use its signal, fumbling of driver’s license or registration, difficulty exiting the vehicle, difficulties with motor vehicle control, balance problems, etc. This is a non-exhaustive list but it describes a multitude of different observations a law enforcement officer is making during the stop.
When driving a motor vehicle, it is always recommended to obey all traffic laws. This should reduce your contact with law enforcement. However, if you are stopped by law enforcement, it is important to stop promptly, in a safe manner/location, and to use the appropriate procedure/signals. It is also important to properly provide your license, registration and/or insurance when requested. If the officer is going to detain you and have you exit the vehicle, be mindful of your balance and how you exit the vehicle. Although there are innocent explanations for some of these clues, law enforcement generally will attribute these observations to impairment.
