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DUI in North Dakota

DUI (Driving Under the Influence) cases in North Dakota have a civil component and a criminal component. The civil component of the case is the administrative hearing – the proceeding in which the North Dakota Department of Transportation (DOT) is attempting to suspend or revoke your North Dakota driving privileges. The criminal component of the case can result in a criminal record, jail time, fines, and court costs.

There are further issues that arise for those carrying a commercial drivers license (CDL), for those driving a commercial vehicle under the influence of alcohol, and for those under the ages of 18 and 21. Please contact your attorney to learn more about these specific issues.

There are several collateral consequences of a DUI conviction. Admissibility to certain countries, like Canada, may be prohibited for those convicted of a DUI. The Federal Aviation Administration may take adverse action against a licensed pilot as a result of either a conviction or administrative license suspension resulting from a DUI.

Administrative Hearing (DOT hearing/Driver’s License proceeding)

Upon your arrest for DUI, it is likely that the arresting officer asked you to submit to a chemical test, usually an Intoxilyzer breath test or blood test.

If you submitted to an Intoxilyzer breath test and your test results were greater than or equal to .08%, you were likely issued a Report and Notice form that day. If you submitted to a blood test, the sample of blood was sent to the State Laboratory for testing and you have been or will be served with a copy, either in person or through the mail, of the Report and Notice form once the results of the blood test have been determined.

You have only ten (10) days from the date upon which the Report and Notice form is served upon you to request an administrative hearing on the DOT’s attempted suspension or revocation of your North Dakota driving privileges. If it is timely requested, a hearing must be held within thirty (30) days. If you do not request a hearing within that timeframe, you will have waived your right to a hearing to challenge the suspension or revocation of your driving privileges.

If you submitted to an Intoxilyzer breath test and your test results were at least .08%, but less than .18%, and the DOT is successful in suspending your driving privileges, you face the following suspension:

• 1st offense within 5 years: 91 days
• 2nd offense within 5 years: 365 days
• 3rd or more offenses within 5 years: 2 years

If you submitted to an Intoxilyzer breath test and your test results were at least .18%, and the DOT is successful in suspending your driving privileges, you face the following suspension:

• 1st offense within 5 years: 180 days
• 2nd offense within 5 years: 2 years
• 3rd or more offenses within 5 years: 3 years

If you refused to submit to chemical testing (which includes the preliminary breath test the officer carries with him/her OR the later chemical testing – usually an Intoxilyzer breath test or blood test), and the DOT is successful in revoking your driving privileges, you face the following revocation:

• 1st offense within 5 years: 1 year
• 2nd offense within 5 years: 3 years
• 3rd or more offenses within 5 years: 4 years

A “work permit” may be issued after 30 days of suspension to a North Dakota resident licensed to drive in North Dakota, but only upon a first offense within five (5) years. A “work permit” is not available where driving privileges have been revoked for refusal, unless the driver “cures” the refusal within the appropriate timeframe. “Curing” the refusal is only available to first offense DUI situations. If the refusal is “cured,” it is treated as though the person submitted to the test and an appropriate suspension, versus a revocation, is applied.

If your license is suspended or revoked after the administrative hearing, you have the opportunity to appeal that decision to the district court within seven (7) days of the hearing officer’s decision. Again, if you do not appeal within that short timeframe, you will have waived your right to appeal the suspension or revocation.

If you timely appeal the administrative officer’s decision to the district court and lose the appeal, you have the opportunity to then appeal the decision to the Supreme Court of North Dakota.

Reinstatement of driving privileges in not automatic. You need to contact the Department of Transportation after your suspension is complete to determine what steps need to be taken to restore your driving privileges.