Legal Question in DUI Law in North Dakota

Mic
Last week a cop pulled me and 2 friends over for tint at 3:30 in the mornin when it was pitch black out. He came up to the vehicle and could smell alcohol, instead of testing the driver first he went around to the other side and tested my friend, he blew a .15, he then i asked me to blow into it and i refused, i had a couple beers and with the new zero tolernace rule i didn't wanna get a minor off 2 beers because i already have 6 minors and a dui. He put me in the car and then tested the driver, she blew a .021 and also got a minor... He hauled all three of us in and wrote out theirs tickets and told the passenger the only reason he pulled us over was because he recognized that it was his pickup and wanted to see why we were driving around at 3 in the morning. Beings I am 17 I had to be released by someone and I had my girlfriends parents release me. the other two were 18. Is there anything I can do beings I never took a breathalyzer as a passenger?

Asked on 11/12/08, 11:15 pm

Ross Brandborg Brudvik Law Office

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Re: Mic

Did you admit to consuming alcohol?

How did the officer know you had been drinking?

It is possible to get a MIP only by the odor of alcohol from a persons breath.

It sounds like there may be some issues with why the cop stopped you, however without a police report I can not advise you further.

Answered on 11/13/08, 10:43 am

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