How Long Will My License Be Suspended After a DUI in North Dakota?
- Heartland
- Aug 27
- 3 min read
Understanding DUI License Suspensions in North Dakota
A DUI charge in North Dakota comes with two separate consequences:
Criminal penalties in court (fines, possible jail, probation).
Administrative penalties from the North Dakota Department of Transportation (ND DOT), which handles license suspensions.
Many people are shocked to learn that your driver’s license may be suspended by the DOT even before your court case is resolved.
How Long Will My License Be Suspended After a DUI in ND?
The suspension length depends on how many prior DUIs you have within the past 7 years and whether you refused a chemical test.
First-Offense DUI in North Dakota
License suspension: 91 days (if BAC is between .08 and .17)
License suspension: 180 days (if BAC is .18 or higher)
Test refusal: 180 days
Second-Offense DUI (within 7 years)
License suspension: 365 days
Test refusal: 2 years
Third-Offense DUI (within 7 years)
License suspension: 2 years
Test refusal: 3 years
Fourth or Subsequent Offenses
License suspension: 3 years
Test refusal: 4 years
(Source: North Dakota Century Code § 39-20)
Can You Drive During a Suspension? Restricted Licenses in ND
In some cases, you may qualify for a temporary restricted license (often called a “work permit”) after serving part of the suspension.
Lets you drive for work, school, or treatment.
Not available if you refused chemical testing.
How to Challenge a DUI License Suspension in North Dakota
You have the right to request an administrative hearing with the ND DOT, but the deadline is short—usually within 10 days of your arrest.
At the hearing, your attorney can:
Challenge whether the traffic stop was legal.
Question whether the breath test or blood test was accurate.
Argue against a license suspension.
If you do not request a hearing in time, the suspension begins automatically.
Why Legal Representation Matters
Losing your license can affect everything—your job, your family, and your freedom. At Heartland Law Office in Bismarck, attorney Patrick Waters has nearly 20 years of experience defending DUI cases across Burleigh County, Ward County, and throughout North Dakota.
We help clients:
Request and fight ND DOT hearings.
Defend against DUI charges in court.
Explore options for restricted driving privileges.
FAQ: License Suspended After DUI in ND
Q: Can I still drive right after a DUI arrest in North Dakota?
A: Yes, but only for a limited time. Typically, you can drive for 10 days after your arrest unless you request a DOT hearing.
Q: What happens if I refused the breath or blood test?
A: Refusal carries harsher license suspension penalties, often longer than a DUI conviction itself.
Q: How do I get my license back after it's been suspended for a DUI in ND?
A: You must complete the suspension period, pay reinstatement fees, complete any required treatment, and sometimes install an ignition interlock device.
Q: Can I avoid suspension if I win my DUI case in court?
A: Not always. The criminal case and DOT suspension are separate. Even if charges are dropped, the DOT may still suspend your license.
Q: Do I need a lawyer for a license suspension hearing?
A: Yes. A lawyer can challenge the evidence, protect your rights, and improve your chances of keeping your license.
Internal Resources
For more on DUI and criminal defense in North Dakota, explore these related guides from Heartland Law Office:
External References
These resources provide additional official information on DUI law and license suspensions in North Dakota:
This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.
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