Barkus Law Firm, P.C.Barkus Law Firm, P.C.2026-06-02T02:14:03Zhttps://www.barkuslawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1403593/2022/08/cropped-Barkus-site-icon-32x32.pngOn Behalf of Barkus Law Firm, P.C.<![CDATA[Can you be charged with DUI even if you didn’t feel drunk?]]>https://www.barkuslawfirm.com/?p=2544182026-06-02T02:14:03Z2026-06-02T02:05:20ZImpairment is not always obvious
Driving under the influence (DUI) is the act of operating or being in control of a motor vehicle while being impaired by an intoxicating substance. A DUI charge is not limited to alcohol alone. Prescription medications, over-the-counter drugs and even certain combinations of medications can affect coordination, reaction time and judgment without ever making a person feel "drunk." Certain sleep aids, anxiety medications and pain relievers may impair a person's driving ability even when taken exactly as directed.
Tolerance can also create confusion for drivers. Someone who regularly consumes alcohol may have a high tolerance and not feel intoxicated. However, their blood alcohol concentration (BAC) could still exceed the legal limit. In other situations, intoxication may be delayed, meaning alcohol continues absorbing into the bloodstream after a person has already gotten behind the wheel. A driver may feel fine initially but become legally impaired during the drive.
When investigating a suspected DUI, officers often consider factors such as swerving, delayed responses and field sobriety tests. However, these situations are not always as straightforward as they may seem. Questions may arise about the reliability of testing procedures, the impact of medical conditions or whether another explanation exists for the driver's behavior.
A DUI conviction can carry serious consequences that affect employment, finances and a person’s reputation in the community. Speaking with a skilled legal professional can help drivers better protect their rights and make informed decisions about the next steps.]]>On Behalf of Barkus Law Firm, P.C.<![CDATA[Can you be convicted of drug charges without direct evidence?]]>https://www.barkuslawfirm.com/?p=2544162026-05-21T17:28:12Z2026-05-21T17:28:12ZMost people facing drug charges assume that a conviction requires police to catch you red-handed, like with drugs in your pocket, drug paraphernalia in plain sight or a transaction caught on camera. That assumption is understandable, but it’s wrong.
The criminal justice system doesn’t require a smoking gun. What it requires is proof beyond a reasonable doubt, and there’s more than one way to build that case. Prosecutors have secured convictions in drug cases without a single gram of physical evidence, and understanding how they do it could change how seriously you take your situation.
Circumstantial evidence can be just as powerful
In many drug cases, prosecutors rely on circumstantial evidence to establish guilt. This includes witness testimony, surveillance footage, text messages and financial records. For instance, if your phone contains messages referencing drug sales, quantities, or prices or a plan to commit a drug offense, a jury doesn't need to see the drugs themselves to connect the dots.Courts have consistently held that circumstantial evidence that suggests criminal activity meets the legal standard for conviction if it's compelling enough.
Constructive possession can also be used to build a strong case
Constructive possession is another tool prosecutors use aggressively. You don't have to be holding drugs to be charged with possessing them. If controlled substances are found in your car, your home or a space you control, prosecutors can argue you knew they were there, and you can face the same charges as someone caught with drugs on their person.
What this means for your defense
The absence of direct evidence doesn't make a case go away on its own. If anything, these cases demand more aggressive defense work. Reaching out for early legal guidance can shift the trajectory of your case by challenging weak evidence and exposing weaknesses in the prosecution’s case before they harden into a conviction.]]>On Behalf of Barkus Law Firm, P.C.<![CDATA[What is the fruit of the poisonous tree?]]>https://www.barkuslawfirm.com/?p=2544102026-05-06T15:00:23Z2026-05-06T15:00:23ZIf you are facing criminal charges, one doctrine you may want to be aware of is known as the fruit of the poisonous tree. In some cases, this can mean that certain evidence is inadmissible in court, which could be a significant part of your defense strategy.
The fruit of the poisonous tree doctrine focuses on illegal actions by the police. These actions are the “poisonous tree,” and any “fruit,” or evidence, that is discovered is then tainted by that tree. Evidence arising from this illegal action may have to be excluded from the case.
How could this happen?
One example of how this could happen is if the police perform an illegal search. For instance, maybe they are investigating you for financial crimes or drug crimes. They want to search your home or office, but you refuse to give them consent to do so. This means that the police should obtain a search warrant if they want to enter the property without your consent.But instead of getting a search warrant, the officers decide to conduct the investigation anyway. They find illegal drugs or financial records showing that wrongdoing took place. They then arrest you, citing this evidence as justification for doing so.But because they only obtained that evidence through an illegal search, it may be inadmissible in your case, meaning that they do not actually have admissible evidence with which to convict you of the charges that you face.
Your legal defense options
The nuances of a criminal defense case are complicated, and you need to consider police procedures and many other details. It can help to work with an experienced defense attorney at this time.
]]>On Behalf of Barkus Law Firm, P.C.<![CDATA[Why most people don’t invoke their right to remain silent]]>https://www.barkuslawfirm.com/?p=2544032026-04-21T02:43:32Z2026-04-21T02:43:32ZSilence isn’t an admission of guilt
Some people think that staying quiet will make them look suspicious or create the impression that they have something to hide. It’s understandable, especially under the stress of police interrogation. The natural instinct to fill the space when you feel questioned or misunderstood can be strong.
In such a situation, it’s important to remember that invoking your right to remain silent cannot be used as evidence of guilt or imply any wrongdoing. You’re simply exercising your constitutional right.
The desire to be helpful can work against you
Many people who talk to law enforcement do so because they assume that if they just explain themselves clearly enough, the officer will understand and move on. It’s a dangerous assumption. Law enforcement interviews are structured to gather information -- not necessarily to resolve misunderstandings. Even a small inconsistency in your story can be framed as evidence of deception and become a liability.
Invoke your rights the right way
Knowing a right exists and exercising it correctly are two different things. Staying quiet, pausing or implying you don't want to talk isn’t enough to invoke your right to remain silent. Clarity is key. A direct statement such as, “I am invoking my right to remain silent,” makes the intention unmistakable.
Once you do this, don’t try to explain or justify your decision, no matter what officers may say. End the conversation and, if necessary, restate your position without elaboration. From there, seek immediate legal guidance for any further interaction with law enforcement and to protect your rights.]]>On Behalf of Barkus Law Firm, P.C.<![CDATA[Can DUI defendants plead a charge down to a lesser offense?]]>https://www.barkuslawfirm.com/?p=2544012026-04-03T13:09:31Z2026-04-03T13:09:31ZLesser charges could be an option
While some states do not allow for the reduction of DUI charges, North Dakota is a bit more lenient with certain DUI defendants, especially those facing first-time charges and those accused of offenses that do not involve injury to others. In some cases, such as when the prosecution’s evidence may not be especially strong, a defense attorney can convince the prosecutor to reduce the charges if the defendant pleads guilty.
A DUI defense attorney could help their client secure a reduction to a “wet” reckless driving offense. While still technically a misdemeanor crime, a reckless driving offense is less serious than a DUI and carries reduced penalties.
Reviewing what led to impaired driving charges with a skilled legal team can help DUI defendants evaluate different strategies. An attorney’s advocacy can be very valuable for those accused of impairment at the wheel. For those who don’t want to go to trial or who face an uphill battle due to the state’s evidence, a plea bargain could potentially be a reasonable solution.]]>On Behalf of Barkus Law Firm, P.C.<![CDATA[What if police officers find drugs in a home or a vehicle?]]>https://www.barkuslawfirm.com/?p=2543992026-03-14T14:07:12Z2026-03-14T14:07:12ZProsecutors can build constructive possession cases
Evidence of actual physical possession of a drug puts a prosecutor in the strongest position to bring a drug possession charge against an individual. However, they can also bring charges in cases where they find drugs near someone or on private property. They can claim that someone present or who had access to the property or vehicle had constructive possession of the drugs that police officers found.
To pursue a claim of constructive possession, the state must show that an individual was aware of the countryman's presence and had control over it. Factors including access, proximity and prior criminal records can influence who the state accuses of possessing drugs found during a search. People accused of constructive possession face the same charges and potential criminal penalties as those accused of actual physical possession of drugs.
Defendants hoping to fight drug charges based on claims of constructive possession likely need guidance. Consulting with a criminal defense attorney can help people challenge the case against them as effectively as possible.]]>On Behalf of Barkus Law Firm, P.C.<![CDATA[An eyewitness’s memory can change]]>https://www.barkuslawfirm.com/?p=2543972026-02-27T20:20:23Z2026-02-27T20:20:23ZWhen an eyewitness gives an account of what they believe happened at the scene of a crime, they may think that they are recalling it accurately. This is part of what can make their testimony sound so trustworthy. They truly believe that they are telling the truth, as does the jury.
For this reason, however, it is important to note that memories can and do change. Often, they shift slightly every time someone recalls that memory. Human memory is simply not as stable or accurate as people believe. This can become crucial during a criminal case, where that person may spend a lot of time thinking about what happened or telling the story to others who are involved in the case, such as the jury or investigators. Each time that they talk about what they witnessed, or even just think about it on their own, the memory could change slightly.
Eyewitness misidentification
This can lead to some significant problems with their testimony. For instance, one of the top reasons for wrongful convictions is eyewitness misidentification.But it may not be that the eyewitness is maliciously identifying the wrong person. Instead, they are simply focused on an unreliable memory of the event. They make a mistake and believe they have made the correct identification, when the suspect in question was not actually involved or present at the scene of the crime.
Your defense options
These types of issues can cause serious problems with eyewitness testimony during a criminal case. If you are facing charges, it is very important to understand all of the legal defense options at your disposal.]]>On Behalf of Barkus Law Firm, P.C.<![CDATA[What is the real legal limit in North Dakota?]]>https://www.barkuslawfirm.com/?p=2543952026-02-13T17:51:55Z2026-02-13T17:51:55ZIn North Dakota, it is illegal for drivers to exceed the legal blood alcohol concentration limit. If they do and they fail a breath test, it can be used as evidence against them in a DUI case. The court can then presume that the driver was impaired by the alcohol they consumed, just based on that BAC level.
Most drivers will tell you that the legal limit is 0.08%. That is true in the majority of cases. But it may not be the real legal limit for some drivers, as there are certain categories of drivers who have lower legal limits. It is important for them to know what standard they have to adhere to.
CMV drivers
For those who drive commercial motor vehicles, such as semi-truck drivers or bus drivers, the legal limit has been cut in half. They would fail a breath test at just 0.04%, so it is very important for them to carefully monitor their alcohol intake.
Drivers under 21
For those who are under 21 years old, the limit is halved again to 0.02%. Someone could reach this limit even if they did not finish their entire drink. But for someone who is under 21, having any alcohol at all is illegal. So they are essentially not allowed to drive if they have consumed even a very small amount.
Legal defense options
For drivers in all three categories, DUI arrests are possible and could result in license suspension, financial fines, incarceration and other such penalties. It is crucial that they understand all of the legal defense options at their disposal when facing these serious charges.]]>On Behalf of Barkus Law Firm, P.C.<![CDATA[The consequences of a DUI causing injuries have increased]]>https://www.barkuslawfirm.com/?p=2543932026-02-04T12:39:55Z2026-02-04T12:39:55ZWhen someone gets behind the wheel after they’ve been drinking alcohol and/or consuming drugs (even legal ones), they can’t guarantee that they won’t be stopped and charged with DUI. Even if they aren’t over the legal limit for alcohol, if the amount they’ve consumed is causing them to drive unsafely.
Many DUIs don’t involve a crash – let alone one where someone is injured or killed. However, if a driver causes a crash, they have little or no control over the consequences of that crash for others.
How the law changed last year
Last year, a North Dakota law was amended to increase the penalties for those convicted of causing bodily injury while driving under the influence. The legislation passed nearly unanimously in both houses of the state legislature and was signed by Gov. Kelly Armstrong.What’s known as “Tyanna’s Law” came about after a Minot teen was severely injured two years ago after being struck by a wrong-way driver who was determined to be under the influence. She survived her life-threatening injuries but required extensive rehabilitation and is still not fully healed.Specifically, the law increases the charge for DUI that results in bodily injury from a Class C to a Class B felony. That means a person convicted can be sentenced to up to ten years behind bars, where previously the maximum sentence was five years.The minimum sentence is one year and one day for the first offense. If someone has previously been convicted for another DUI offense, the minimum is two years.
Don’t underestimate the consequences of any DUI charge
Any DUI or DWI conviction can have serious consequences for a person’s future. A conviction for an offense that involves harm or death to someone can have even more serious consequences that can follow them for the rest of their lives – even after they’ve served their sentence and paid any fines. This latest change in the law demonstrates how seriously lawmakers and the public take these offenses. That’s why it’s crucial to get experienced legal guidance as soon as possible if you or a loved one is facing an impaired driving-related charge.]]>On Behalf of Barkus Law Firm, P.C.<![CDATA[How fast does your BAC go down after you stop drinking?]]>https://www.barkuslawfirm.com/?p=2543912026-01-27T22:34:08Z2026-01-27T22:34:08ZMany people understand that they should not drive immediately after drinking. They believe they need to wait for a certain amount of time, letting their BAC fall back below the legal limit. You will sometimes see a person at the bar spend the last half hour drinking a glass of water before they get behind the wheel.
But is a half hour actually long enough? How fast is your blood alcohol concentration going to decline?
It goes down very slowly
The reality is that a half hour will have almost no impact. In an entire hour, your BAC is likely to drop by just 0.015%. In other words, if you had a BAC of 0.10, which is over the legal limit, you would not even be back under that limit after waiting for an entire hour. It would likely take you more than six hours to get your BAC back down to zero.Additionally, your BAC does not start declining as soon as you stop drinking. When you finish your last drink for the night, your body still has to process the alcohol. Your BAC is climbing. Only after your body finishes metabolizing the alcohol does it start to go down.In other words, BAC decline faces a significant delay at the beginning, and it is a slow rate of decline even after it starts. This means that many people do not wait long enough and find themselves facing drunk driving charges because their BAC is still elevated over the legal limit.
Your defense options
If you find yourself in this position, you know that a conviction could lead to jail time, fines and the loss of your license. It is important to know exactly what legal defense options you have.]]>