Some defense attorneys in North Dakota have raised a “double jeopardy” claim about the state’s new DUI law.
A person can’t be tried twice for the same offense. The new DUI law says a person pulled over on probable cause for drunk driving can also be charged with a criminal offense – if that person refuses a breath or chemical test. The driver can also be convicted of a DUI – and some have raised the “double jeopardy” argument.
Attorney General Wayne Stenehjem rejects that.
"There are different elements," said Stenehjem. "To prove a DUI, you don't have to prove that person didn't submit to a test."
Stenehjem says a recent case in Ward County explored that double jeopardy issue.
"We submitted an amicus brief in support of the argument that it is not double jeopardy," said Stenehjem. "The judge agreed, and decided not to dismiss the case on those grounds."
Stenehjem says 13 other states have similar laws.