Driving after a DUI in North Dakota: the Temporary Restricted License (TRL/Work Permit)
In North Dakota, a first-offense DUI driver can, in some cases, apply for a Temporary Restricted License (TRL/Work Permit) after 30 days with no driving privilege. The licensing agency issues it. An ignition interlock is required in some cases; an SR-22 filing is required in some cases; DUI-program participation is required in some cases. The deadline to request a hearing on the administrative suspension is 10 days from the notice.
Most states let a first-offense DUI driver back on the road before the suspension ends — under a restricted privilege that goes by a different name in almost every state, that usually starts only after a set number of days with no driving at all, and that comes with its own conditions. The rules below are the ones the North Dakota Department of Transportation, Driver License Division state, each quoted from the source.
Also called: TRL; work permit; temporary restricted operator's license (N.D.C.C. § 39-06.1-11).
The first days: the administrative suspension and the hearing deadline
In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.
| Deadline to request the hearing | 10 days |
|---|---|
| Temporary driving permit after arrest | 25 days |
| Where to request it | forms.nd.gov |
For a test result of 0.08 or more (0.02 under 21) the officer immediately issues a temporary operator's permit extending driving privileges for the next twenty-five days, which serves as the director's official notice of intent to suspend (§ 39-20-03.1); on a refusal the officer issues the same 25-day permit (§ 39-20-04). Under § 39-20-05(1) the director affords a hearing if the person mails or otherwise communicates a request to the director within ten days after the date of issuance of the temporary operator's permit; the hearing must be held within thirty days after the permit's issuance, and after the hearing the person may elect the 24/7 sobriety program. NDDOT accepts the request in writing or through its Online Administrative Hearing Request form; no hearing fee is stated. If no hearing is requested (and no guilty-plea affidavit is filed under § 39-20-04(2)), the expiration of the
“the director shall afford that person an opportunity for a hearing if the person mails or communicates by other means authorized by the director a request for the hearing to the director within ten days after the date of issuance of the temporary operator's permit.”
Who can get it, and how soon
| After a first DUI | Available in some first-offense cases |
|---|---|
| Days before eligible — test failure | 30 days |
| Days before eligible — test refusal | not stated |
| Issued by | The licensing agency |
NDDOT states a TRL is a restricted license issued to persons whose driving privileges have been suspended or revoked for certain offenses, that by law the driver must first serve a portion of the suspension with no restricted privileges, and that a TRL will not be granted to anyone under 18 or for operating commercial motor vehicles. Under N.D.C.C. § 39-06.1-11(2), after a first offense under § 39-08-01 or chapter 39-20 the director may issue a TRL that takes effect after thirty days of the suspension have been served, or shall issue one after fourteen days if the offender is in the 24/7 sobriety program and has no unrelated suspension. NDDOT's application form states that a refusal, or more than one alcohol/drug violation, within the past 7 years requires 24/7 program participation until one year violation free.
“By law, the driver must serve a portion of the suspension with no type of restricted driving privileges. This timeframe varies depending on the reason for the suspension. A TRL will not be granted for: Anyone under the age of 18 Operating commercial motor vehicles”
Administrative track: a first test-failure suspension under § 39-20-04.1 is 91 days (under 0.18) or 180 days (0.18 or more); § 39-06.1-11(2) lets the director issue a TRL that takes effect after thirty days of the suspension have been served after a first offense under § 39-08-01 or chapter 39-20, and requires one after fourteen days if the offender is participating in the 24/7 sobriety program and has no unrelated suspension or revocation. The suspension is credited for time without a license after the offense, but not for time driving on the 25-day temporary operator's permit (§ 39-20-04.1(2)). Refusal: a first refusal is a 180-day revocation under § 39-20-04(1)(a); the statute's 30-day/14-day rule is written for 'a first offense under section 39-08-01 or chapter 39-20', and NDDOT's form SFN 2254 states that a refusal within the past 7 years requires 24/7 program participation, but no
“the director may issue a temporary restricted license that takes effect after thirty days of the suspension have been served after a first offense under section 39-08-01 or chapter 39-20, but if the offender is participating in the twenty-four seven sobriety program under chapter 54-12”
Conditions attached to the privilege
| Ignition interlock | Required in some cases — North Dakota interlock rule |
|---|---|
| SR-22 / financial-responsibility filing | Required in some cases · 1 years on file — details |
| DUI program / education | Required in some cases |
| Fee for the privilege | Pending verification |
| Full reinstatement later | fee $100; SR-22 Yes — reinstatement steps |
Written application to the director on NDDOT form SFN 2254 (Temporary Restricted License Request), emailed or mailed to the Driver License Division, stating the reason (employment, alcohol education or treatment program, school, life maintenance, etc.) with an employer or school statement verifying the need, and the applicant's certification of motor vehicle liability insurance coverage. The form states that reinstatement requirements must be complied with before submitting the application (NDDOT lists a $100 reinstatement fee for BAC-over-the-limit, Implied Consent and Refusal suspensions, and its FAQ describes an SR-22 requirement), that a refusal or more than one alcohol/drug violation within 7 years requires 24/7 Sobriety Program participation until one year violation free, and that a TRL for a second or subsequent § 39-08-01 violation is issued on the restriction of 24/7 participati
“If within the past 7 years there has been a refusal or more than one alcohol/drug related violation, participation in the 24/7 Sobriety Program is required until you have been one year violation free.”
Where and when it allows driving
Operation of a non-commercial motor vehicle for work purposes, educational purposes, or essential life maintenance needs (defined on SFN 2254 as preventing substantial deprivation of the educational, medical or nutritional needs of the offender or an immediate family member). Under § 39-06.1-11(6) the director may limit use to the licensee's normal working hours, attendance at a licensed addiction treatment program or court-ordered treatment, and life-maintenance needs; NDDOT's FAQ says the TRL limits driving to specific days and times, and the form warns TRLs may not be recognized in other states.
“A TRL authorizes the operation of a non-commercial motor vehicle for work purposes, educational purposes, or the need to perform essential life maintenance needs.”
How it is issued
The licensing agency issues the Temporary Restricted License (TRL/Work Permit).
Official page: dot.nd.gov
The statute: N.D.C.C. § 39-06.1-11 (Temporary restricted license - Ignition interlock device); § 39-20-05 (administrative hearing)
“39-06.1-11. Temporary restricted license - Ignition interlock device.”
Questions about driving after a DUI in North Dakota
- How long must a first-time North Dakota DUI offender wait for a Temporary Restricted License?
- Under N.D.C.C. § 39-06.1-11(2), after a first offense under § 39-08-01 or chapter 39-20 the director may issue a TRL that takes effect after thirty days of the suspension have been served; if the offender is participating in the 24/7 sobriety program and has no unrelated suspension, the director shall issue one after fourteen days. NDDOT states a TRL is not granted to anyone under 18 or for commercial vehicles.
- What driving does a North Dakota TRL allow?
- NDDOT states a TRL authorizes operation of a non-commercial motor vehicle for work purposes, educational purposes, or essential life maintenance needs, and its FAQ says it limits driving to specific days and times. N.D.C.C. § 39-06.1-11(6) lets the director restrict use to normal working hours, treatment-program attendance, and the educational, medical or nutritional needs of the offender or an immediate family member. Applications use NDDOT form SFN 2254.
- What is the deadline to request the administrative hearing after a North Dakota DUI arrest?
- Under N.D.C.C. § 39-20-05(1), the request must reach the director within ten days after the date of issuance of the temporary operator's permit, which under § 39-20-03.1 extends driving privileges for twenty-five days. NDDOT accepts requests in writing or through its Online Administrative Hearing Request. If no hearing is requested, the expiration of the permit serves as the director's official notification of the suspension or revocation.
Sources
- N.D.C.C. ch. 39-06.1 (Disposition of Traffic Offenses), § 39-06.1-11 Temporary restricted license - Ignition interlock device (official PDF, ND Legislative Bran
- N.D.C.C. ch. 39-20 (Chemical Test for Intoxication, Implied Consent), §§ 39-20-03.1, 39-20-04, 39-20-04.1, 39-20-05 (official PDF)
- NDDOT - Driver Record Services and Suspensions (administrative hearing request; TRL/Work Permit; reinstatement fees; FAQs)
- NDDOT form SFN 2254 (4-2026) - Temporary Restricted License Request
- NDDOT - Online Administrative Hearing Request (forms.nd.gov)