DUI Refusal in North Dakota: What Happens If You Say No?
- Heartland
- May 28
- 3 min read
Updated: 3 days ago

What Does DUI Refusal Mean in North Dakota?
DUI refusal happens when a driver declines to take a chemical test—usually a breath, blood, or urine test—after being stopped on suspicion of driving under the influence. While this may seem like a way to avoid a DUI charge, in North Dakota, refusing a test comes with its own serious penalties.
That’s because of the state’s implied consent law, which means that just by driving on North Dakota roads, you’ve already agreed to chemical testing if law enforcement has reasonable grounds to believe you’re impaired.
North Dakota’s Implied Consent Law Explained
Under North Dakota Century Code § 39-20-01, refusing a chemical test is treated as a violation—even if you’re never convicted of DUI.
Here’s what that means:
By driving, you automatically consent to testing if lawfully arrested for DUI
Refusal can result in license suspension and criminal charges
You can be penalized even if your case never goes to trial
What Happens When You Refuse a DUI Test?
Refusing to take a breath, blood, or urine test can lead to immediate and long-term consequences:
1. License Revocation

The North Dakota Department of Transportation (NDDOT) will revoke your license automatically:
1st refusal: 180 days
2nd refusal in 5 years: 2 years
3rd or more: 3 years
You only have 10 days to request an administrative hearing to challenge this.
2. Criminal Charges
Refusing a chemical test is not just a traffic issue—it’s a criminal offense. Depending on your record, you may be charged with:
A Class B misdemeanor for a first refusal
Higher-level offenses for repeat incidents
Jail time, fines, and a criminal record are all possible outcomes.
3. Use as Evidence in Court
Prosecutors often argue that test refusal is a sign of guilt. Even if you aren’t charged with DUI, the refusal itself can be used against you in court.
Should You Refuse a DUI Test?
You can legally refuse—but it rarely works in your favor. North Dakota officers are required to:
Provide reasonable cause for the stop
Read an implied consent advisory explaining the consequences of refusal
If those steps aren’t followed properly, a defense attorney may be able to challenge the refusal in court. But without legal support, you could be facing severe penalties.
Real Example: A Common Scenario
Let’s say you’re heading home from a friend’s place in Williston. You get pulled over near Dickinson for a lane violation. The officer suspects alcohol use and asks for a breath test. Unsure of your rights, you say no.
The next day, you find out:
Your license is suspended for 180 days
You’re charged with refusal, a criminal offense
Prosecutors plan to use the refusal as evidence of intoxication
This isn’t uncommon—and it happens across Bismarck, Fargo, Minot, and beyond.
How Heartland Law Office Can Help
At Heartland Law Office, we’ve helped countless clients across North Dakota fight DUI and refusal charges. With more than two decades of experience, Attorney Patrick Waters knows how to challenge unlawful stops, faulty procedures, and weak evidence.
We help clients:
Defend against refusal charges
Request and represent at administrative hearings
Negotiate reduced penalties or alternative resolutions
Protect their driving privileges and records
What to Do If You're Stopped for DUI
Stay calm and polite with the officer
You have the right to remain silent
Don’t guess—ask to speak to an attorney
Contact a lawyer as soon as possible, especially if you refuse testing
Facing a DUI Refusal?
Call 701-JUSTICE
Whether you’re in Bismarck, Grand Forks, or anywhere else in North Dakota, Heartland Law Office is here to defend your rights. We know the law, we know the courts, and we know how to protect your future.
Call us at 701-JUSTICE (701-587-8423)
We serve all of North Dakota with personalized, experienced DUI defense!
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Always consult with a licensed attorney regarding your specific legal situation.
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