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I was charged for my second DUI. I pleaded guilty. Is there any way I can not loose my liscense since I was not driving?

Fargo, ND |

I was not driving. I was waiting for a cab and fell asleep. Never drove. It was snowing and cold out and I had to warm up. I havent lost my liscense yet, still on my 30 days suspension. I know someone who has a friend that got arrested for sleeping but it was not a dui, it was something to do with not having control to drive because he was sleeping.

Attorney Answers 3


  1. Some state laws may still charge for a DUI even if you're not physically "driving" a vehicle. Instead your specific state law may state that the the driver charged with DUI simply has to be in physically control OR have the ability to drive--which could be interpreted to simply have the keys in the ignition with the car running. Please talk to an experienced ND DUI Attorney. He or she will be able to help you since DUI is a serious charge. If you cannot afford an attorney, then see if you quality for a public defender.

    This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.


  2. 2nd DUI in North Dakota

    Up to .17>>>>>>>365 days' suspension
    .18 or greater>>>>>>> 2 years' suspension
    (No work permit in either case.)
    Minimum fine $500
    5 days' imprisonment or 30 days community service
    Mandatory referral to addiction facility for alcohol evaluation

    I strongly urge you to contact an experienced DUI attorney in Fargo.

    Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.


  3. If you have already pled guilty then the loss of driving license should have already taken place. You can get a DUI without driving. The laws are designed to prevent the act before it happens. An attorney could help you argue some issues such as: location of the keys, how long you had been there, whether on a public street. Sometimes with the right attorney, this type of case might be worthy of a reduction. Good Luck

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