Most North Dakota drivers do not realize that if you are arrested for drunk driving in North Dakota this initiates two separate cases against you: a criminal drunk driving case and a civil drunk driving case.
Under North Dakota’s Administrative Licensing laws you have given your implied consent to submit to a blood alcohol content test of your blood, breath or urine if asked to do so by a law enforcement officer.
What are the Administrative Penalties?
If you are arrested for drunk driving and you either refuse to submit to the chemical test or you submit to the test and are found to have an illegal amount of alcohol (0.08% or higher) or drugs in your system at the time of the test your license can be suspended for 91 days up to one year.
Drivers who receive a license suspension will be given a temporary driving permit which allows them to drive until the 25th day of their drunk driving arrest. If the driver fails to request a hearing and challenge their license suspension they will lose their license.
Drivers who want to request a hearing must do so within 10 days of their drunk driving arrest, and the state will hold their hearing within 30 days from the date of their drunk driving arrest. You are allowed to contact a drunk driving lawyer and have them attend your hearing and present your case in court.
North Dakota Administrative License Laws and Penalties
As mentioned above, if you either fail the blood alcohol content test or refuse to take the test your license will be immediately suspended. Drivers who do not have any prior drunk driving convictions within the last 5 years will have their license suspended for 91 days if their blood alcohol content was between 0.08% or 0.17%. Drivers who have a higher blood alcohol content can lose their license for 180 days. Drivers who do not submit to the blood alcohol content test will have their license revoked for one year.
What if you have a prior drunk driving conviction within the last five years? Drivers with one drunk driving conviction within the last five years will have their license revoked for one year if their blood alcohol content was between 0.08% or 0.17%. If their blood alcohol content was higher they will face a two year driver’s license revocation. Drivers with one prior drunk driving conviction who refuse the blood alcohol content test will have their license revoked for three years.
Keep in mind, the administrative penalties are brought by the North Dakota Department of Transportation and are separate from a criminal case against you. You may also be arrested and convicted of drunk driving if the state can prove that you operated a motorized vehicle with a blood alcohol content of 0.08% or more (even if you are not exhibiting signs of intoxication), or you are under the influence of any amount of alcohol and drugs and you cannot safely operate your car.
Hiring a DUI Lawyer
Most drivers arrested for drunk driving in North Dakota will want to immediately contact a drunk driving lawyer and request an hearing to challenge their administrative license suspension. Drivers can also discuss their drunk driving case with their lawyer and determine if they have enough evidence to fight the drunk driving charges or discuss a plea agreement with the prosecuting attorney. Talk to a DUI lawyer to avoid the common mistakes many people make after a drunk driving arrest.
- Utah Drunk Driving – Administrative license Suspension (duiattorneyhome.com)
- Alabama Drunk Driving – Reinstating your license (duiattorneyhome.com)
- Drunk Driving and Hardship License in Mississippi (duiattorneyhome.com)
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