REASONS FOR DRIVER’S LICENSE SUSPENSIONS IN NORTH DAKOTA

There are a variety of reasons why your North Dakota driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for a North Dakota driver’s license to be suspended or revoked.

• Driving Under the Influence: Your North Dakota driver’s license will be automatically suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension depends on the degree of intoxication and your previous driving record. If you have a blood alcohol content (BAC) of 0.08% or higher you are considered legally drunk.
  • For a 1st offense with a BAC between 0.08% and 0.17% your license will be suspended for 91 days; if over 0.18% the period is 180 days. You will also be fined $250 and be referred to an addiction facility for alcohol evaluation.
  • For a 2nd offense within 5 years with a BAC between 0.08% and 0.17% your license will be suspended for 1 year; if over 0.18% the period is 2 years. You will also be fined $500, face either 5 days in jail or 30 days community service and be referred to an addiction facility for alcohol evaluation.
  • For a 3rd offense within 5 years with a BAC between 0.08% and 0.17% your license will be suspended for 2 years; if over 0.18% the period is 3 years. You will also be fined $1,000 and be jailed for 60 days and be referred to an addiction facility for alcohol counseling.
  • For a 4th offense within 7 years with a BAC between 0.08% and 0.17% your license will be suspended for 2 years; if over 0.18% the period is 3 years. You will also be fined $1,000 and be jailed for 180 days. Your driving privileges will only be restored after you have completed treatment for alcohol addiction and you have not committed any alcohol related offenses for at least 2 years.
  • A 5th offense is classified as a class C felony in North Dakota. You will be fined $5,000 and be sent to jail for up to 5 years.
  • If you refuse to take an alcohol test your license will be revoked immediately for 180 days to 3 years.
• Excessive Moving Violations: The state of North Dakota operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 12 or more points on your current driver record your license will be suspended. If you are under 18 years old, the margin is just 6 points and your license will be canceled. The period of suspension depends on the number of points on your driving record. Every point in excess of 11 will add 7 days to the suspension period, so if your points total is 16, your license will be suspended for 35 days.
• Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance: All motor vehicles driven in North Dakota must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving-Related Violations: Your North Dakota driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway.
• Physical or Psychological Disqualification: The MVD can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to an MVD notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support.
• Leaving the Scene of an Accident: Your license will be suspended if you leave the scene of an accident involving death or injury without permission.
• Supplying False Information: Supplying false information to obtain a driving license, using another person’s license or attempting to change the information on your driver license will also result in license suspension.
• Excessive Speed: Exceeding the posted speed limit by 35 mph or more will result in your license being suspended.
• If you are under 18 years old: Your driver’s license can be suspended/canceled if you accumulate 6 points or more, overtake and passing a school bus, racing/ drag racing and violating any driving restrictions.

NOTE: If you were convicted of a crime for your violation, you may also face additional court penalties and fines. For specific information regarding your suspended license, please refer to your suspension notice or contact the North Dakota DMV by phone at (701) 328-2600 or online using the NDDOT contact form.

ACTIONS TO TAKE IF YOUR NORTH DAKOTA DRIVER’S LICENSE IS SUSPENDED

Having your North Dakota driver’s license suspended is a serious matter, and it is essential to adhere to State law in the event that your license is suspended. You will receive a written notification of your license suspension. If your suspension is because of driving under the influence (DUI) you may be eligible to apply for a restricted license to enable you to drive to and from work or school. To qualify to apply for a restricted license, you must:

• Be conviction free from any offenses for 365 days.
• Provide proof of enrollment in a court approved drug program.
• Provide a letter of recommendation from your district court.

If you can meet all 3 requirements, you should contact the Drivers License and Traffic Safety Division by email at dlhearing@nd.gov to arrange a hearing. If you believe your license may be suspended due to one of the reasons listed above it is prudent to speak with a traffic ticket lawyer or a DUI-DWI lawyer.

CHECK YOUR DRIVER’S LICENSE STATUS

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

NORTH DAKOTA SUSPENSION HEARINGS & APPEALS

Once you receive your notification of suspension, you have 10 days to notify the court if you intend to appeal your suspension with a hearing. To request an administrative hearing, complete the online administrative hearing request form on the ND DMV website. You will need to provide your full name, e-mail address, birth date, driver’s license number, and reason for your request. If you don’t hear from the North Dakota DOT regarding your request within 2 business days, call (701) 328-2600.

It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension. In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program removes three points from the current driving record if you have 5 or lesser points, and in some cases can enable an individual to avoid having his license suspended.

NOTE: ND DOT hearings have no effect on court decisions.

OBTAIN A RESTRICTED NORTH DAKOTA DRIVER’S LICENSE 

Depending on your offense, you may be eligible for a temporary restricted ND license to drive with while your driver’s license is suspended. A restricted license will allow you to drive to and from authorized locations during specific times.

To apply for a restricted driver’s license in North Dakota, you’ll need:

• A completed Temporary Restricted License Request.
• Other supporting documents, if required.
• Payment.

Mail the above to the address Driver’s License Division address on the form.

REINSTATE YOUR NORTH DAKOTA DRIVER’S LICENSE

When your suspension period is over, your license will be automatically renewed once you have:

To reinstate your North Dakota driver’s license, you may need to:

• Satisfied any court requirements.
• Completed an alcohol education program, if applicable.
• Filed an SR22/proof of insurance with the North Dakota DMV.
• Retaken and passed the driving skills and knowledge tests, if necessary.
• Paid a reinstatement fee. (See “Fees to Reinstate Your Suspended License” below.)

If you have been arrested 4 or more times for DUI you will also need to supply proof that you have complied with North Dakota’s mandatory alcohol treatment program.

FEES TO REINSTATE YOUR NORTH DAKOTA DRIVER’S LICENSE

Your reinstatement fee will vary depending on the reason for your driver’s license suspension. Here are some general ND DOT reinstatement/licensing fees that may apply:

• Reinstatement fee for alcohol-related suspensions: $100.
• Reinstatement fee for non-alcohol-related suspensions: $50.
• Knowledge test: $5.
• Driving skills test: $5.

NOTE: You may also need to pay any outstanding court fines before your driver’s license can be reinstated. For specific fees to reinstate your license please refer to your suspension notice or contact the ND DMV.

You can pay your reinstatement fees online at the North Dakota DOT website. You’ll need to enter: your full name, driver’s license number, date of birth, and credit card information.

Acceptable Forms of Payment: In Person: cash, check, or credit/debit card (at some ND DMV offices only). Online: credit/debit card only.

COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN NORTH DAKOTA

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your North Dakota commercial drivers license (CDL) can be suspended whether you violate traffic laws or commit crimes in North Dakota or out of state. Additionally, your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles. Depending on your offense, you may face both state and federal suspensions and charges.

You must remember to notify your employer within 30 days of any conviction for a traffic offense and by the end of the next business day after you receive your disqualification notice if your CDL is suspended, disqualified, revoked or cancelled regardless of the type of vehicle you were driving. The Federal Motor Carrier Safety Administration website provides information about federal commercial driver’s license regulations. For specific information regarding your suspended CDL, please refer to your notice or contact the North Dakota DMV by phone: (701) 328-2600 or online using the NDDOT contact form.

When your North Dakota CDL is disqualified, or it has a pending disqualification/suspension, the North Dakota DMV will mail you a notice, which will include the length of your disqualification, details about your violation, and reinstatement requirements and fees. If you were convicted of a crime for your violation, you may also face additional court requirements. You can have your license suspended for any of the violation types:

Major Offenses: You will lose your ND CDL for 1 year for your 1st offense if convicted of any of the following (3 years for 1st violation while transporting hazardous materials). For a 2nd violation of a major offense you will face a lifetime suspension:

• Driving any vehicle with a blood alcohol count (BAC) of 0.08% or higher
• Driving a commercial motor vehicle (CMV) with a BAC of 0.04%
• Refusing to submit to a sobriety test
• Leaving the scene of an accident or hit and run
• Using the vehicle to commit a felony
• Driving a commercial motor vehicle (CMV) with a suspended, revoked or canceled CDL
• Causing a fatality through negligent driving

Serious Offenses: Multiple serious traffic violations within 3 years will result in a 60 to 120 day suspension.

• Speeding and reckless driving
• Improper lane changes
• Following a vehicle too closely
• Driving a CMV without holding a CDL, having your CDL in your possession, or without the proper CDL endorsement
• Violating a state law of texting while driving
• Violating out-of-service orders.
• Railroad crossing violations: (Will result in a 60 to 120 day suspension.)

CHECK YOUR COMMERCIAL DRIVERS LICENSE (CDL) STATUS

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

NORTH DAKOTA CDL SUSPENSION HEARINGS & APPEALS

Depending on the circumstances of your offense, you may be able to contest your disqualification/ suspension by requesting a North Dakota DMV administrative hearing. To request an administrative hearing complete the online administrative hearing request form on the ND DMV website. You will need to provide your full name, e-mail address, birth date, CDL number and reason for your request. If you don’t hear from the North Dakota DOT regarding your request within 2 business days, call (701) 328-2600. NOTE: ND DOT hearings have no effect on court decisions.

REINSTATE YOUR NORTH DAKOTA CDL 

The requirements to reinstate your disqualified commercial driver’s license will vary depending on your violation and whether or not you have also lost your non-commercial driving privileges.

To reinstate your CDL and your driving privileges, you may need to:

• Satisfy your court requirements, if applicable.
• Complete an alcohol education/treatment program, if necessary.
• Retake and pass the commercial driving skills and knowledge tests, if necessary.
• Pay your CDL reinstatement fees. (See “Fees to Reinstate Your North Dakota CDL” below.)

Please refer to your disqualification notice or contact the North Dakota DOT for specific steps to reinstate your CDL.

You may be able to pay your reinstatement fees on the North Dakota DOT website. You will need to enter your full name, CDL number, and birth date.

NOTE: Your reinstatement fees must be paid in full when paying online.

FEES TO REINSTATE YOUR NORTH DAKOTA CDL

Your North Dakota CDL reinstatement and licensing fees will vary depending on the reason for your disqualification/suspension.

• Alcohol-related suspension reinstatement: $100.
• Non-alcohol-related suspension reinstatement: $50.

For specific fees that may apply to your reinstatement, please refer to your CDL suspension notice or contact the ND Department of Transportation.

NOTE: If you were convicted of a crime, you may need to pay any outstanding court fines and fees before you can reinstate your license.

Acceptable Forms of Payment: In person: cash, check, and credit/debit cards. (At some ND DMV offices only. Call your local ND DMV office to check.) Online: Credit/debit card only.