North Dakota DUI: The Administrative Consequences

Since North Dakota is a rural state without a robust system of public transportation, the ability to drive is all but essential for most of its citizens. Driving enables us to make a living, shop for groceries, transport our children to and from school, visit friends and family, and perform countless other daily tasks. That’s why, despite the significant criminal penalties that may result from a DUI, the loss of driving privileges^[1] as an administrative sanction can often be the harshest consequence.

Being arrested for a North Dakota DUI triggers two separate types of proceedings. While one of these proceedings is administrative and the other criminal, both can result in the loss of your driving privileges.

The administrative proceeding, which is overseen by the North Dakota Department of Transportation (“DOT”) and commonly known as the “implied consent,” begins when the arresting officer issues a document known as a Report and Notice form. The sole purpose of the implied consent proceeding is to enable the DOT to strip you of your driving privileges without a criminal conviction. In fact, in many cases the implied consent proceeding will result in the loss of driving privileges by default. Once the Report and Notice has been issued, you only have 10 days to demand a hearing, or you will automatically lose your driving privileges beginning the 25th day after issuance.

The criminal case typically begins when the arresting officer issues a citation charging you with the crime of DUI. If your criminal case results in a DUI conviction, the DOT will suspend your driving privileges if it hasn’t already done so through the implied consent proceeding. This license suspension is in addition to any other criminal penalties that were imposed. The criminal case also gives the DOT a second bite at the apple in cases where the DUI arrestee successfully challenged the implied consent proceeding but was later convicted of DUI.

Implied Consent Sanctions

When the officer fills out the Report & Notice, he will either include the result of your chemical test^[2], or he will indicate that you refused it. These criteria will determine whether the DOT will attempt to impose a revocation^[3] or a suspension^[4].

Test Result Sanctions

If you provided a chemical test, the DOT will attempt to suspend your driving privileges for a minimum of 91 days and up to 3 years. The length of the possible suspension depends on the result of the chemical test and on your driving record.

N.D.C.C. § 39-20-04.1 calls for the following suspension periods^[5]:

For 91 days “if the person’s driving record shows that, within the seven years preceding the date of the arrest, the person has not previously violated section 39-08-01^[6] or equivalent ordinance or the person’s operator’s license has not previously been suspended or revoked under this chapter” and the test result indicates an alcohol concentration of at least .08% but less than .18% by weight.

For 180 days “if the operator’s record shows the person has not violated section 39-08-01 or equivalent ordinance” within the past 7 years, and the test result indicates an alcohol concentration of at least .18% of one percent by weight.

For 365 days “if the person’s driving record shows that, within the seven years preceding the date of the arrest, the person has once previously violated section 39-08-01 or equivalent ordinance or the person’s operator’s license has once previously been suspended or revoked under this chapter” and the test result indicates an alcohol concentration under .18% by weight.

For 2 years “if the person’s driving record shows that within the seven years preceding the date of the arrest, the person’s operator’s license has once been suspended, revoked, or issuance denied under this chapter, or for a violation of section 39-08-01 or equivalent ordinance”, and the test result indicates an alcohol concentration of at least .18% by weight or, “if the person’s driving record shows that within the seven years preceding the date of arrest, the person’s operator’s license has at least twice previously been suspended, revoked, or issuance denied under this chapter, or for a violation of section 39-08-01 or equivalent ordinance, or any combination thereof, and the suspensions, revocations, or denials resulted from at least two separate arrests” and the test result indicates an alcohol concentration of less than .18% by weight.

For 3 years “if the operator’s record shows that within the seven years preceding the date of the arrest, the person’s operator’s license has at least twice previously been suspended, revoked, or issuance denied under this chapter, or for a violation of section 39-08-01 or equivalent ordinance, or any combination thereof, and the suspensions, revocations, or denials resulted from at least two separate arrests” and the test result indicates and alcohol concentration of less than .18% by weight.

Refusal Sanctions

If you are accused of refusing the chemical test, the Department of Transportation will attempt to revoke your driving privileges for a minimum of 180 days and up to 3 years. The length of the possible revocation depends solely on how many times you have lost your driving privileges within the previous 7 years as a result of DUI conviction or implied consent violation.

180 days if the person’s driving record shows that within the last seven years “the person’s operator’s license has not previously been suspended, revoked, or issuance denied for a violation of this chapter or section 39-08-01 or equivalent ordinance.”

2 years if the person’s driving record shows that within the last seven years “the person’s operator’s license has been once previously suspended, revoked, or issuance denied for a violation of this chapter or section 39-08-01 or equivalent ordinance.”

3 years if the person’s driving record shows that within the last seven “the person’s operator’s license has at least twice previously been suspended, revoked, or issuance denied under this chapter, or for a violation of section 39-08-01 or equivalent ordinance, or any combination of the same, and the suspensions, revocations, or denials resulted from at least two separate arrests.”

Administrative Sanctions Base On A Criminal Conviction

If you manage to avoid an implied consent suspension under N.D.C.C. § 39-20-04.1, but you are ultimately convicted of a DUI, the DOT will rely on N.D.C.C. § 39-20-06.1-10(8) to suspend you for one of the following:

For 91 days “if the operator’s record shows the individual has not violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.”

For 180 days “if the operator’s record shows the individual has not violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation” and the test result indicated an alcohol concentration of at least .18% by weight.

365 days “if the operator’s record shows the individual has once violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.”

2 years “if the operator’s record shows the individual has at least twice violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.”

3 years “if the operator’s record shows the individual has at least twice violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation” and the test result indicated an alcohol concentration of at least .18% by weight.

A DUI can lead to the loss of your driving privileges even if you’re not convicted, so it’s important to contact an attorney as soon as possible if you’ve been charged with one. With the help of a skilled attorney, it may be possible to avoid the loss of your driving privileges. If you’ve been charged with a DUI, please contact SW&L Attorneys at 701-297-2890.

For future articles, check out our blog. This article is for informational purposes only and is subject to our disclaimer.

^[1] For purposes of this blog post, the term “driving privileges” includes your North Dakota non-commercial license or, if you are not licensed by the State of North Dakota, your ability to drive within the state. While not discussed above, a DUI can also result in the loss of commercial driving privileges for one year on a first incident, and for life on a second.

^[2] The chemical test is usually a breath test, but it can also be a blood or urine test.

^[3] “Revocation” means that the operator’s license is terminated and may not be renewed or restored, except on application for a new license presented to and acted upon by the director after the expiration of the period of revocation. N.D.C.C. § 39-01-01(73).

^[4] “Suspension” means that the operator’s license is temporarily withdrawn but only during the period of the suspension. N.D.C.C. § 39-01-01(92).

^[5] Administrative sanctions for drivers under 21 years of age are omitted.

^[6] N.D.C.C. § 39-08-01 is North Dakota’s criminal DUI statute.