North Dakota · DUI · Checked October 2026
Refusing a Breath or Blood Test in North Dakota
Refusing a Breath or Blood Test in North Dakota: What Are the Rules?
What happens if you refuse a breath or blood test in North Dakota.
- Refusal penalty
- Refusal is itself a crime under the DUI statute, punished like a DUI, and brings a license revocation of 180 days (first), 2 years (one prior within 7 years) or 3 years (two or more priors). The revocation can be avoided by filing an affidavit and pleading guilty to DUI within 25 days of the temporary permit
- License suspension for refusing
- 180 days (first); 2 years (one prior within 7 years); 3 years (two or more priors within 7 years)
- Deadline to challenge
- 10 days
Refusal Penalties in North Dakota
refusal is itself a crime under the DUI statute, punished like a DUI, and brings a license revocation of 180 days (first), 2 years (one prior within 7 years) or 3 years (two or more priors). The revocation can be avoided by filing an affidavit and pleading guilty to DUI within 25 days of the temporary permitN.D. Cent. Code § 39-08-01(1)(a)(5), (2); § 39-20-04
License Suspension for Refusing 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: license suspension for refusing (North Dakota)
More on DUI Law in North Dakota
See the full overview of DUI laws in North Dakota and read about implied consent laws 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
What Happens if You Refuse a Breath Test in North Dakota?
refusal is itself a crime under the DUI statute, punished like a DUI, and brings a license revocation of 180 days (first), 2 years (one prior within 7 years) or 3 years (two or more priors). The revocation can be avoided by filing an affidavit and pleading guilty to DUI within 25 days of the temporary permit
How Long Is the Suspension for Refusing?
180 days (first); 2 years (one prior within 7 years); 3 years (two or more priors within 7 years)