A DUI arrest in North Dakota puts two completely separate things at risk at the same time: your freedom, through the criminal case in court, and your driver’s license, through a separate administrative action handled by the North Dakota Department of Transportation (NDDOT). Most people focus on the criminal charge and don’t realize the license side moves first — and on a much shorter clock. By the time the criminal case is sorted out, the window to save your license has often already closed.
Here is how long a North Dakota DUI can cost you your license, why the two cases are different, and the short deadline that catches most people off guard.
Your License and Your Criminal Case Are Two Different Fights
When you are arrested for DUI, the officer typically takes your license and hands you a Report and Notice — a form that also serves as a temporary operator’s permit. That temporary permit usually lets you keep driving for about 25 days. The Report and Notice is the NDDOT’s official notice that it intends to suspend or revoke your driving privileges.
This administrative suspension is handled by the NDDOT, not the court. It can take effect regardless of what happens in your criminal case — even if your DUI charge is later reduced or dismissed. The criminal court decides fines, jail, and probation. The NDDOT decides your license. You have to fight both.
You Have Only 10 Days to Save Your License
This is the single most important thing on this page. To keep the NDDOT from automatically suspending your license, you must request an administrative hearing within 10 days of the date your temporary operator’s permit was issued (N.D.C.C. § 39-20-05). Miss that deadline and the suspension becomes automatic — no hearing, and no chance to challenge the stop, the arrest, or the test. If you do request it in time, the hearing must be held within 30 days of issuance.
Here is the trap: the temporary permit in your hand keeps you driving for 25 days, so it feels like you have most of a month to deal with this. You don’t. The 10-day deadline to request the hearing runs out more than two weeks before the permit you’re driving on expires. If you have been arrested, the time to call a lawyer is now — before that 10-day window closes, not after.
How Long Will My License Be Suspended for a Failed Breath or Blood Test?
If you took the test and the result was at or above the legal limit, the administrative suspension periods are set by N.D.C.C. § 39-20-04.1. North Dakota uses a seven-year lookback to count prior offenses, and a high result of 0.18% or more roughly doubles the suspension:
| Situation | Suspension |
|---|---|
| First offense, BAC of at least 0.08% but under 0.18% | 91 days |
| First offense, BAC of 0.18% or more | 180 days |
| Second offense within 7 years (under 0.18%) | 365 days |
| Second offense within 7 years (0.18% or more) | 2 years |
| Third or subsequent offense within 7 years (under 0.18%) | 2 years |
| Third or subsequent offense within 7 years (0.18% or more) | 3 years |
Drivers under 21 caught with a BAC of 0.02% or more face a 91-day suspension under North Dakota’s zero-tolerance law.
What If I Refused the Test?
Refusing the chemical test carries its own revocation under N.D.C.C. §§ 39-20-04 and 39-20-01, again counted on a seven-year lookback:
| Situation | Revocation |
|---|---|
| First refusal | 180 days |
| Second refusal within 7 years | 2 years |
| Third or subsequent refusal within 7 years | 3 years |
Be aware that in North Dakota, refusing a breath or urine test is also a separate crime, punishable in the same manner as the DUI itself. But refusal cases also come with a built-in defense angle: the officer is required to give you the implied-consent advisory, and by statute, if the officer fails to do so, the refusal cannot be used against you in the administrative proceeding (N.D.C.C. § 39-20-01). Whether the advisory was given, and given correctly, is exactly the kind of detail an experienced DUI lawyer looks for first.
CDL Holders and Oilfield Drivers: Your Livelihood Is on the Line
If you hold a commercial driver’s license, a DUI is not just a driving problem — it is a career problem. Out here in the Bakken, where a CDL is the difference between a paycheck and no paycheck, the stakes could not be higher. The rules for CDL holders are stricter and the penalties are harsher, and they apply on top of the regular license suspensions above.
- Lower limit. Behind the wheel of a commercial motor vehicle, the threshold is just 0.04% — half the standard limit (N.D.C.C. § 39-06.2-10.1).
- One year — even in your personal truck. A first DUI conviction or test refusal disqualifies you from commercial driving for one year, and that applies even if you were arrested driving your own personal vehicle off the clock.
- Three years with hazmat. If you were transporting hazardous materials at the time, the first-offense disqualification jumps to three years.
- Lifetime for a second offense. A second or subsequent offense means a lifetime CDL disqualification, with only a limited possibility of reinstatement after 10 years under strict conditions.
- Refusal counts as a conviction for CDL purposes — declining the test does not protect your commercial license.
For an oilfield driver, a one-year disqualification is enough to end a job. A lifetime disqualification can end a career. If you drive for a living, fighting the case is about protecting your livelihood, and it needs to start immediately.
Can I Get a Work Permit During My Suspension?
In many cases, yes — a temporary restricted license (work permit) is available, but only after you serve a “hard suspension” period with no driving at all. One common path runs through the 24/7 Sobriety Program: by statute, a restricted license tied to 24/7 participation generally cannot take effect until at least 14 days after your administrative hearing is waived or held (N.D.C.C. §§ 39-20-03.1, 39-20-15). The exact waiting period depends on your record and the offense. CDL holders, however, generally cannot get restricted commercial driving privileges during a disqualification — another reason the commercial stakes are so serious.
Why the Numbers You Find Online Are Often Wrong
If you have been searching, you have probably seen conflicting figures. A lot of online summaries get the details wrong — mixing up the 0.16% threshold (which triggers minimum criminal fines and jail under the DUI statute) with the 0.18% threshold (which is what actually doubles your administrative suspension), or quoting outdated refusal periods that the legislature changed years ago. The figures on this page are drawn from the current North Dakota Century Code. When your license and your job are at stake, the details matter, and they need to come from someone who reads the statutes for a living.
Arrested for DUI in Williston or Anywhere in the Bakken? Call Now.
The clock on your license starts the day you are arrested. The sooner we are involved, the more options you have — to request the administrative hearing on time, to challenge the stop and the testing, and to protect your CDL if you have one. Nehring Law Office defends DUI cases throughout Williston and across northwest North Dakota.
Nehring Law Office, PLLC
113 E. Broadway, Ste. 1
Williston, ND 58801
Phone: 701-577-5555
Email: info@nehringlaw.com
This page is general information about North Dakota law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; for advice about your situation, contact a lawyer directly. Suspension periods and statutes can change — this page was last reviewed in June 2026.