What should I do about a 2nd offense DUI and driving under suspension?

Question Details:

I didn't know that my license was suspended and in fact it was that night of the DUI. It went in effect which was a week ago. I backed into a bus leaving a bar and broke the door. I got bonded out that night being charged with both offenses. I know that the DUI is going be tough to get out of but I'm curious about the suspension. I didn't move or anything just didn't know that Iilost my license. Is there a good cause to fight it or just plead guilty? Do I need an attorney to handle this? I'm in McLean County, ND.

Asked 3/5/2010 under DUI / DWI | 607 View(s) | More Legal Topics

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DUI / DWI Law Answers

Ok, it in my understanding that in North Dakota your license can be suspended if you refuse a breathalyzer, are convicted of DUI for a second time, accumulating 12 points on your license, etc.  Obviously you fit in to one of the categories. If you think that you do not fit in to the categories for suspension, then you need to find out why it was suspended.  But regardless,  if this is your second offense then I would get a lawyer as soon as you can.  Suspension can last up to 2 years.  Pleading guilty will guarantee suspension.  You also need to get help in some way.  Driving while you are intoxicated can lead to serious injury not only to you but to innocent people.  You were lucky to just have injured property this time.  Good luck.

If you didn't know your license was suspended, you need to get a print out to determine why it was suspended.  Did you fail to renew or fail to complete a condition of your previous DUI? Did you get a ticket and/or series of tickets and fail to pay them? The status of why your license was suspended will help you and your attorney (you should and do need to get one) determine if you can fight the suspension, exclusive of the DUI charge.

Make sure to have your lawyer review your tests, if any, taken at the accident scene of blood alcohol (BAC) levels.  If none were taken, you might be able to fight that as well, but it may not be successful considering you got into the accident after you left the bar.

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