Many drivers are surprised to find that if they are arrested a North Dakota DWI but they are a resident of Minnesota they may their Minnesota driver’s license suspended. Currently, it is illegal in every state, including North Dakota, to operate a motorized vehicle with a BAC or blood alcohol concentration or 0.08% or higher. It is also illegal to operate a motorized vehicle if you are unable to do so safely, regardless of your BAC.
Over the years the states have developed what they call the Interstate Driver’s License Compact which is an agreement between states. Currently there are 45 member states who participate in the Interstate Driver’s License Compact. This agreement was first created in 1961 and since then most states have joined with the exception of Georgia, Massachusetts, Michigan, Tennessee and Wisconsin
Under the Interstate Driver’s License Compact, if a driver is arrested for specific driving infractions in one state their home state will always be notified. What does this mean if you are arrested for a North Dakota DWI but you live in Minnesota? It means Minnesota will be notified, and the North Dakota DWI penalties that are applicable in your home state will be imposed against you for your drunk driving violation.
What do I do if my license has been suspended in my home state after North Dakota DWI?
If you have your license suspended for a North Dakota DWI and you live in another state you will have to contact the Department of Motor Vehicles in North Dakota for more information about your driver’s license suspension and what must be done to “clear” your license.
If you either refused the blood alcohol concentration test or you failed the blood alcohol concentration test after your North Dakota DWI arrest you may have your license suspended through an administrative license suspension, a civil charge that results even if you are not eventually convicted of DUI in North Dakota.
If you would like to challenge the Administrative Suspension you will have to challenge the North Dakota DWI through a Administrative License Revocation Hearing and win. If you do not win your hearing and your license is suspended you will have to serve the required suspension period, pay the necessary fees, and potentially take a drug and alcohol class to clear your license.
If you are convicted of DUI in North Dakota you can discuss your options with either a North Dakota DWI lawyer or consult with the Department of Transportation in North Dakota. After you have met the requirements in North Dakota to have your license reinstated you will have to talk to the Department of Transportation in Minnesota and discuss what steps you will have to take to reinstate your Minnesota license.
What will North Dakota report to Minnesota after a North Dakota DWI?
The Driver License Compact (DLC) agreement was created and accepted by participating states to maximize their law enforcements efforts. There are four major provisions of this agreement which North Dakota is bound to uphold include if you are arrested for a North Dakota DWI:
- Drivers are required to surrender their out-of-state license when they apply for a new license in a new state.
- Drivers have a completed driver’s license record which is kept in their state of residence to determine their driving privileges in that state and their privileges to operate their motorized vehicle in another state.
- Participating states are required to report all traffic convictions, including license suspension/revocations of out-of-state drivers to their home state licensing agency.
- Violations and penalties for drivers who reside in participating states will result in penalties that equal those which would have been imposed if the penalties were committed in their home state.
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