North Dakota DUI License Suspensions
Implied Consent Law In ND:
All drivers in North Dakota are required to take any test of their blood, breath, saliva, or urine that a police officer asks them to take after putting the driver under arrest for suspicion of a DUI offense. If a driver refuses, his or her license to drive can be revoked for up to four years.
Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-20-01
Refusal Of A Chemical Test During A North Dakota DUI Arrest:
If a driver refuses to take the chemical test chosen by the police officer, the officer will issue the driver a temporary driving permit which is valid for 25 days. After the temporary permit expires, the driver's license to drive will be revoked unless the driver requests a hearing. The license will remain suspended for 1 year if this is the first revocation within 5 years, for 3 years if this is the second revocation within 5 years, and 4 years if this is at least the third revocation within 5 years. However, if during the 25 day period, the driver waives his or her right to a hearing and agrees to plead guilty to committing a DUI, and this is the first time that driver has ever been convicted of a DUI, the suspension will last 91 days.
Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-20-04(1), 39-20-04(2), 39-06.1-10(7)
North Dakota DUI License Suspension Hearings:
If a driver wishes to contest the basis for the revocation of his or her license to drive, the driver must request a hearing within 10 days of their arrest. The purpose of the hearing is to determine whether it was reasonable for the arresting officer to believe that the driver committed a DUI offense and whether the driver actually refused to take it. The officer was not required to inform the driver of the consequences of refusing to take the test, and the hearing will not consider that issue. A driver is permitted to appeal the result of this hearing to a district court, but the court will consider only the question of whether the hearing officer had enough evidence to conclude that the police officer's belief was reasonable and that the driver refused the test.
Source: North Dakota Century Code Title 39 (Motor Vehicles) 39-20-05, 39-20-06
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