Administrative Hearing (Department Of Transportation Hearing/Driver's License Proceeding)

In North Dakota, when a person drives or is in physical control of a motor vehicle, the law deems the person has "consented" to chemical testing to determine the presence of alcohol or controlled substances.

Following arrest for DUI, it is likely you will be asked to submit to a chemical test, usually a breath test. If your test results exceed .08, or if you refused chemical testing, you will likely receive a report and notice form.

You have only 10 days after the report and notice form is issued to request an administrative hearing. If you do not request a hearing within 10 days, you will have waived your right to a hearing to challenge the suspension or revocation of your driving privileges. If an administrative hearing is timely requested, a hearing must be held within 30 days.

Driving privileges in North Dakota may be suspended based on the results of a chemical test, or they may be revoked for refusing testing. A North Dakota suspension or revocation would likely be reported to your licensing state if you are not a North Dakota licensed driver.

If you submitted to chemical testing and your test results were at least .08, but less than .18, you face the following suspension:

  • First offense within seven years: 91 days

  • Second offense within seven years: 365 days

  • Third or more offense within seven years: two years

If you submitted to chemical testing and your test results were at least .18, you face the following suspension:

  • First offense within seven years: 180 days
  • Second offense within seven years: two years
  • Third or more offense within seven years: three years

If you refused to submit to chemical testing or preliminary breath testing, you face the following revocation:

  • First offense within seven years: 180 days
  • Second offense within seven years: two years
  • Third or more offense within seven years: three years

For a first offense DUI, a North Dakota licensee is eligible for a temporary restricted license after 30 days. A temporary restricted license "work permit" is, generally, not available where driving privileges have been revoked for refusal to submit to testing or if you have prior offenses. For any offense, if you are a North Dakota licensee and qualify to participate in the 24/7 sobriety program, a temporary restricted license may be issued after 15 days of suspension or revocation.

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 days of the hearing officer's decision. An appeal of the administrative decision precludes a driver from obtaining a work permit until the appeal is concluded.

Reinstatement of driving privileges is not automatic. To reinstate, a driver must submit a number of documents. For drivers licensed in a state other than North Dakota adverse license consequences will likely occur in North Dakota and the licensing state.

You need to contact the DOT after your suspension is complete to determine what steps need to be taken to restore your driving privileges.

Criminal Component


Attorneys Specializing In North Dakota DUI Cases:


Matthew Dearth, Mark A. Friese, Luke Heck, Drew Hushka, Bruce D. Quick, Jesse Walstad and Peter Welte