North Dakota · DUI · Checked October 2026

DUI License Suspension in North Dakota: Hearing Deadline and Hardship License

DUI License Suspension in North Dakota: What Are the Rules?

You have 10 days to challenge a license suspension after a DUI arrest in North Dakota.

Deadline to challenge
10 days
How it is counted
The date the officer issues your temporary operator's permit
Failed test
91 days (first, BAC 0.08 to under 0.18); 180 days (first, 0.18 or more); 365 days (one prior within 7 years, under 0.18); 2 years (one prior and 0.18 or more, or two priors)
Refused test
180 days (first); 2 years (one prior within 7 years); 3 years (two or more priors within 7 years)
Hardship license
Temporary restricted license (work permit)

How to Request a Hearing in North Dakota

Mail a written request to the Department of Transportation director, or submit the online administrative hearing request form. The hearing must be held within 30 days of the temporary permit's issue date. If you don't request one, the temporary permit's expiration is your notice of the suspension or revocation.

Official source: how to request a hearing (North Dakota)

Suspension if You Fail a Test in North Dakota

91 days (first, BAC 0.08 to under 0.18); 180 days (first, 0.18 or more); 365 days (one prior within 7 years, under 0.18); 2 years (one prior and 0.18 or more, or two priors)N.D. Cent. Code § 39-20-05(1); § 39-20-04(1); § 39-20-04.1(1)

Official source: suspension if you fail a test (North Dakota)

Suspension if You Refuse a Test in North Dakota

180 days (first); 2 years (one prior within 7 years); 3 years (two or more priors within 7 years)N.D. Cent. Code § 39-20-05(1); § 39-20-04(1); § 39-20-04.1(1)

Official source: suspension if you refuse a test (North Dakota)

Getting a Temporary Restricted License (Work Permit) in North Dakota

After a first offense, a temporary restricted license can take effect after 30 days of the suspension, or after 14 days for drivers in the 24/7 sobriety program. Drivers charged with or convicted of a second or later DUI receive one on condition of 24/7 sobriety program participation. Use can be limited to work hours, treatment, and educational, medical or nutritional needs; an ignition interlock may be required. Proof of financial responsibility is required. Not available to drivers under 18 or for commercial vehicles.

Official source: getting a temporary restricted license (work permit) (North Dakota)

More on DUI Law in North Dakota

See the full overview of DUI laws in North Dakota and read about hardship licenses in every state.

This page summarizes North Dakota law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in North Dakota can advise on your case.

Frequently Asked Questions

How Long Do You Have to Request a Hearing in North Dakota?

10 days. How it is counted: the date the officer issues your temporary operator's permit.

How Long Is the License Suspension for Failing a Test?

91 days (first, BAC 0.08 to under 0.18); 180 days (first, 0.18 or more); 365 days (one prior within 7 years, under 0.18); 2 years (one prior and 0.18 or more, or two priors)

Can You Get a Hardship License in North Dakota?

After a first offense, a temporary restricted license can take effect after 30 days of the suspension, or after 14 days for drivers in the 24/7 sobriety program. Drivers charged with or convicted of a second or later DUI receive one on condition of 24/7 sobriety program participation. Use can be limited to work hours, treatment, and educational, medical or nutritional needs; an ignition interlock may be required. Proof of financial responsibility is required. Not available to drivers under 18 or for commercial vehicles.

Sources

  1. License suspension and hearing: N.D. Cent. Code § 39-20-05(1); § 39-20-04(1); § 39-20-04.1(1)
  2. Hardship license

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.