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How to Get Your License Back After a DUI in North Dakota

In North Dakota, operating a vehicle with a Blood Alcohol Concentration of 0.08% or higher, or impaired by drugs or alcohol, is a DUI violation (Driving Under the Influence). A DUI in North Dakota is a misdemeanor punishable with immediate Administrative License Suspension (ALS) by the North Dakota Department of Transportation (NDDOT) Driver License Division. Beyond the ALS, there may be additional suspension by the court, fines, community service, DUI education programs, and jail time for DUI violations in North Dakota.

Step 1: Know the Terms of Your Suspension

There are two types of suspension for DUI violations in North Dakota. The NDDOT will impose an automatic Administrative License Suspension if an individual fails or refuses to take a chemical test during a lawful arrest for a DUI violation. Beyond the ALS, the court will impose an additional suspension if a conviction results from the DUI offense.

The length of the various DUI suspensions depends on the type of offense. However, if they fulfill the requirements, offenders may qualify for hardship licenses after specific waiting periods. The table below outlines various DUI license suspensions in North Dakota and the mandatory waiting periods for reinstatement.

Type of DUI Violation Length of Suspension Earliest Reinstatement or Eligibility for Restricted License
First DUI Offense (BAC less than 0.18%) 91 days After 30 days with the application for a restricted license application
First DUI Offense (BAC higher than 0.18%) 180 days After 30 days
Second DUI Offense (within 7 years) 1 to 2 years After 15 days (with enrollment in the sobriety program)
Third DUI Offense (within 7 years) 2 to 3 years After 15 days (with participation in a sobriety program)
First BAC Test Refusal 180 days Not eligible for a restricted license
Second BAC Test Refusal 2 years Not eligible for a restricted license
Third BAC Test Refusal 3 years Not eligible for a restricted license
Underage DUI (BAC 0.02% or higher for individuals below 21 years old) 91 to 180 days After 30 days (if eligible).

Step 2: Fulfill Court and DMV Requirements

An administrative license suspension (ALS) by the North Dakota Department of Transportation is separate from a court-ordered suspension. The ALS complies with the North Dakota Implied Consent Law. In North Dakota, the NDDOT will impose an immediate license suspension for failing a BAC test or refusing to take one. By comparison, a court-ordered DUI suspension results from a criminal conviction for a DUI offense. Beyond the suspensions, a DUI offense in North Dakota may attract fines, community service, mandatory alcohol education programs, and potential jail time.

Although administrative and court-ordered suspensions for DUI are separate actions in North Dakota, they run concurrently.

Step 3: Complete a DUI Education or Treatment Program

North Dakota may require DUI offenders to undergo state-approved alcohol/drug education or treatment programs before license reinstatement. In North Dakota, eligibility for various DUI programs depends on the severity of the offense. These programs include:

  • ASAM level 0.5 program (American Society of Addiction Medicine) comprising 12 to 16 hours of weekend seminars costing between $250.00 and $400.00. Enrollment for the ASAM program is through state-approved Service Providers
  • Risk-Reduction DUI School - this is a 20-hour evening and weekend program. North Dakota Risk-Reduction program costs about $360.00, comprising a $100.00 assessment fee, $235.00 for classes, and $25.00 for materials. Enrollment in the Risk-Reduction program in North Dakota is through state-approved schools.
  • Outpatient Treatment (ASAM Level 1 or 2 or higher). The costs for these programs are on a sliding scale (and range from $52.00 to $105.00 per hour), and enrollment is through licensed addiction counselors.

Step 4: Get SR-22 Insurance or Equivalent

An SR-22 in North Dakota certificate is a document insurance companies file with the North Dakota Department of Transportation as proof that a named person has the minimum liability coverage required by law. North Dakota law requires individuals to have SR-22 coverage for license reinstatement and when seeking driving privileges after a suspension. DUI offenders in North Dakota must maintain SR-22 for 1 to 3 years starting from the date of license reinstatement.

An SR-22 coverage in North Dakota can cost between $300 and over $800 (a 40% to over 100% increase in yearly car insurance premiums). Interested individuals can add SR-22 to their auto insurance or shop around for high-risk insurers. Non-vehicle owners can obtain non-owner SR-22 coverage.

Step 5: Pay Reinstatement Fees

The costs for reinstating a license after suspension for DUI in North Dakota depend on the reason for the arrest. There is a $100.00 fine for failing or refusing a BAC test and an additional $50.00 for driving with a suspended license, not maintaining insurance, or accumulating too many points. There is also a $25.00 fee for Administrative suspension. Beyond the reinstatement fees, there may be SR-22 coverage filing charges, court fines, alcohol education program fees, and Ignition Interlock Device installation.

The NDDOT accepts credit card payments through its Driver License Pay Reinstatement Portal. Applicants can pay with cash (In person at the NDDOT Driver License Division), checks, or money orders.

Step 6: Submit Your License Reinstatement Application

Individuals seeking reinstatement of their driver's licenses in North Dakota can make payments and submit documents (such as the SR-22 certificate) online through the Driver License Pay Reinstatement Portal. Alternatively, mail the application to:

Driver License Division
608 E Boulevard Avenue,
Bismarck
ND 58505-0700.

Applicants may also submit their applications at the NDDOT offices, call (855) 633-6835, or email dl@nd.gov. For a customized checklist, call or email the NDDOT.

What If You Are Denied License Reinstatement in North Dakota?

The North Dakota Department of Transportation may deny a license application reinstatement application for reasons including:

  • Non-payment of applicable fees or outstanding fines
  • Incomplete SR-22 filing
  • Outstanding court requirements
  • Active suspension or revocation (including those from out-of-state)
  • Failure to prove identity, incomplete identification documents, or proof of residency.

If the NDDOT refuses an application for license reinstatement, the applicant should:

  • Check the denial notice or call (855) 633-6835 to confirm the reasons for the denial
  • Correct the issue that led to the denial
  • Reapply for reinstatement through mail or in person
  • Demand an administrative hearing within 10 days of the denial notice if there are reasons to believe that the action was in error
  • Appeal to a District Court if the administrative hearing did not resolve the issue.

Hardship Licenses: Driving with Limited Privileges

In North Dakota, individuals under license suspension due to DUI Implied Consent Law violations or point accumulation can apply for a Temporary Restricted License (TRL). A TRL grants driving for essential purposes, such as work, school, medical needs, and court-ordered appointments. Applicants for a Temporary Driving License in North Dakota must:

  • Proof of the need to drive
  • Serve a mandatory part of their suspension for DUI violations
  • Install Ignition Interlock Devices (IID)
  • File SR-22 coverage
  • Pay all applicable fees.

Although Temporary Restricted Licenses grant driving privileges, holders must not drive commercial vehicles, should avoid recreational or non-essential driving, and comply with IID use at all times (if it is part of the sentencing conditions).

How Long Does It Take to Get Your License Back After a DUI?

The timeline for reinstatement of a driver's license after suspension for a DUI violation in North Dakota depends on:

  • The type of DUI offense
  • The number of previous DUIs
  • Refusal to take chemical tests
  • Compliance with the reinstatement requirements
  • Request for Temporary Restricted License.

The table below outlines the duration for license reinstatement after a DUI suspension in North Dakota.

DUI Offense Eligibility for Temporary Restricted License Requirements for license reinstatement Full Reinstatement after fulfilling all requirements
First DUI 30 days SR-22 coverage for 3 years Completion of the Level I alcohol education program Installing an Ignition Interlock Device (IID) 3 months
Second DUI within 7 years 30 days IID installation SR-22 coverage Level II treatment or evaluation 12 months
Third DUI within 7 days 1 year Inpatient or intensive outpatient treatment SR-22 filing IID installation Compliance with court-ordered penalties and any jail time 2 to 3 years
DUI with rest refusal 30 days SR-22 Possible IID Alcohol education program 6 months.
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