Can You Drive After a DUI Arrest in North Dakota?

Getting arrested for DUI in North Dakota can feel like your world is spinning. One of the first questions clients ask us at Heartland Law Office is: "Can I still drive after a DUI arrest?" The answer depends on several factors—especially how quickly you act after the arrest.

Let’s break down what happens to your driver’s license after a DUI arrest in North Dakota, how to fight a license suspension, and what options you may have to stay on the road.

What Happens to Your License After a DUI Arrest?

In North Dakota, DUI cases trigger two separate processes:

1. Criminal charges handled by the court

2. Administrative license suspension handled by the North Dakota Department of Transportation (ND DOT)

Even if your criminal case isn’t resolved yet, the ND DOT can suspend your license based solely on your arrest or test results.

Timeline of Events:

• Immediately After Arrest: Law enforcement may take your physical license and issue a temporary permit good for only 14 days.

• You Have 10 Days: You must request an administrative hearing within 10 days to fight the automatic suspension.

If you miss the 10-day window, your license will likely be suspended by default.

License Suspension Periods in North Dakota

The length of suspension depends on your blood alcohol content (BAC) and prior DUI history:

Offense	BAC Level	Suspension
1st Offense	Below .18	91 days
1st Offense	.18 or higher	180 days
2nd Offense (within 7 years)	Any	1 year
3rd Offense (within 7 years)	Any	2–3 years

(See: NDCC § 39-06.1-10)

Can You Get a Restricted License?

Yes—in many cases, you may qualify for a temporary restricted license, also known as a work permit. This lets you drive to:

• Work or school

• Alcohol treatment or counseling

• Court-ordered obligations

Requirements:

• You must complete a chemical dependency evaluation

• You may need to install an ignition interlock device (especially for high BAC or repeat offenses)

• Some waiting periods may apply, depending on your offense level

What If You Refused the Breath Test?

Refusing a breath, blood, or urine test in North Dakota typically triggers a refusal charge, which comes with harsher license penalties:

• 1st Refusal: 180-day suspension

• 2nd Refusal: 2-year suspension

• 3rd or More: 3-year suspension

Refusal also makes you ineligible for a temporary restricted license in most cases. This is why it's critical to contact a DUI attorney immediately if you refused testing.

How to Fight a License Suspension in North Dakota

To preserve your driving privileges, you must request a DOT administrative hearing within 10 days of your DUI arrest.

This hearing is separate from your court case and focuses on:

• Whether the officer had legal grounds to stop and arrest you

• Whether the BAC test was conducted properly

• Whether you refused testing

Having an experienced DUI defense lawyer represent you at this hearing greatly increases your chance of avoiding a suspension.

Can You Drive While Awaiting Trial?

If you requested a hearing or received a temporary permit, you can usually drive up until the administrative decision is made—unless otherwise ordered by the court or DOT.

But once the suspension starts (if upheld), you cannot legally drive unless:

• You have a restricted license, or

• You qualify for reinstatement after the suspension period

Driving with a suspended license is a separate criminal charge and can lead to jail time, fines, and longer suspensions.

Real Example: Minot Resident Avoids Suspension After DUI Arrest

A client in Minot was arrested for DUI after leaving a UND hockey game. His BAC was just over the legal limit. We requested a DOT hearing within 10 days and uncovered an issue with how the breath test was administered. The hearing officer dismissed the suspension, and our client kept his license while the criminal case played out.

Don't Wait—Act Fast After a DUI Arrest in North Dakota

The 10-day window to request a hearing is short, but it could be the difference between keeping and losing your license. Whether you’re in Bismarck, Minot, Dickinson, or Williston, Heartland Law Office is ready to help you fight for your rights and driving privileges.

What to Do Next

• Request a DOT hearing within 10 days

• Contact an experienced DUI defense attorney

• Don’t drive without a valid license or restricted permit

Related Resources:

• North Dakota DOT: DUI & Administrative Hearings

• DUI Defense – Heartland Law Office

• ND DUI Penalties – ND Century Code

Need Help With a DUI Arrest in North Dakota?

At Heartland Law Office, we’ve helped hundreds of clients across North Dakota protect their license and their future. If you've been arrested for DUI, don’t guess—call us at 701-JUSTICE or schedule a consultation today.

This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.