How to get your license back after a DUI in North Dakota
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the North Dakota Department of Transportation, Driver License Division lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Serve the suspension or revocation period
NDDOT states that a driver is eligible to be reinstated once all requirements have been met and the required time has been served; its FAQ adds that a suspended driver gets privileges back after the suspension time is completed and all reinstatement requirements are met, while a revoked driver must complete the revocation period, meet all reinstatement requirements, and retake the written and road tests.
What the source says
“You can view your outstanding reinstatement requirements online. Once all requirements have been met and required time has been served you are eligible to be reinstated.”
- 2
Check outstanding reinstatement requirements online
NDDOT directs drivers to its Driver License Pay Reinstatement Fee/Outstanding Requirements System to view outstanding reinstatement requirements; the order of suspension also states the reinstatement requirements that must be met.
What the source says
“It will also tell you what reinstatement requirements must be met before your driving privileges can be reinstated.”
- 3
Pay the reinstatement fee ($100 for alcohol-related suspensions)
NDDOT states the Driver's License Division may not release suspended driving privileges without first collecting a reinstatement fee; the $100 fee applies to BAC over the legal limits, physical control, implied consent, refusal and driving under revocation suspensions. Payment is by mail, phone or online.
What the source says
“According to state law, the Driver’s License Division may not release any suspended driving privileges without first collecting a processing charge called a reinstatement fee. The amount for a reinstatement fee will vary depending on the nature of your suspension.”
- 4
File proof of financial responsibility (SR-22 insurance certificate)
NDDOT's Driver License FAQ states an SR-22 insurance certificate is required as proof of financial responsibility for persons whose driving privileges were suspended or revoked for certain convictions; it must be obtained from the insurer, which must notify the department of cancellation, and an insurance card, policy or declaration page is not accepted in its place. N.D.C.C. § 39-16.1-07(2) applies this after a § 39-08-01 (DUI) conviction (see the state record).
What the source says
“An SR-22 insurance certificate is required for proof of financial responsibility for persons whose driving privileges have been suspended or revoked for certain convictions or traffic offenses. It must be obtained from your insurance company.”
- 5
Retake the written and road tests if the privilege was revoked
NDDOT's FAQ distinguishes suspension from revocation: after a revocation, the driver must complete the revocation period, meet all reinstatement requirements, and take the written and road tests again before valid driving privileges are restored.
What the source says
“If your driving privileges are revoked, you must complete the revocation period, meet all the reinstatement requirements, and take the written and road tests again before having valid driving privileges restored.”
Official reinstatement page: North Dakota Department of Transportation, Driver License Division
Conditions that travel with reinstatement
| Reinstatement fee | $100 |
|---|---|
| SR-22 / financial-responsibility filing | Yes · 1 years — details |
| Ignition interlock | North Dakota interlock rule |
| Required program | Addiction evaluation by an appropriate licensed addiction treatment program |
| Driving during the suspension | Temporary Restricted License (TRL / work permit) |
Required program: Addiction evaluation by an appropriate licensed addiction treatment program
N.D.C.C. § 39-08-01(5)(a)(1) requires the sentence for a first DUI offense to include an order for addiction evaluation by an appropriate licensed addiction treatment program (also required for second, third and fourth or subsequent offenses). For a temporary restricted license under § 39-06.1-11(3), the application must be accompanied by a report from an appropriate licensed addiction treatment program and, if prescribed, proof of compliance with attendance rules, or proof of 24/7 sobriety program participation. This is a court sentencing condition; NDDOT's reinstatement page does not list a separate education course for DUI reinstatement.
“For a first offense, the sentence must include both a fine of at least five hundred dollars and an order for addiction evaluation by an appropriate licensed addiction treatment program.”
Driving during the suspension: Temporary Restricted License (TRL / work permit)
NDDOT describes a TRL as a restricted license issued to persons whose driving privileges have been suspended or revoked for certain offenses, authorizing operation of a non-commercial motor vehicle for work, educational or essential life-maintenance purposes; the driver must first serve a portion of the suspension with no restricted privileges, and a TRL is not granted to anyone under 18 or for commercial vehicles (application on SFN 2254). Under N.D.C.C. § 39-06.1-11(2), after a first § 39-08-01 or chapter 39-20 offense the director may issue a TRL that takes effect after 30 days of the suspension have been served, or after 14 days if the offender is participating in the 24/7 sobriety program; NDDOT states that after a second or subsequent § 39-08-01 violation the TRL is issued on the restriction that the offender participate in the 24/7 Sobriety Program and is canceled if the program restrictions are violated. Under § 39-06.1-11(4), the director may require an ignition interlock device as a TRL condition.
“A TRL is a restricted license issued to persons whose driving privileges have been suspended or revoked for certain offenses. 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.”
Questions about reinstatement in North Dakota
- What does North Dakota require to reinstate a license after a DUI suspension?
- NDDOT's Driver Record Services and Suspensions page states a driver is eligible for reinstatement once all requirements have been met and the required time served, that the Driver's License Division must first collect a reinstatement fee ($100 for BAC over the limit, physical control, implied consent, refusal or driving under revocation), and that a revoked driver must also retake the written and road tests. NDDOT's FAQ states an SR-22 insurance certificate is required as proof of financial responsibility for certain convictions.
- Can a person drive during a North Dakota DUI suspension?
- NDDOT states a Temporary Restricted License (TRL) may be issued to persons 18 and older for work, educational or essential life-maintenance driving after a portion of the suspension is served with no privileges. Under N.D.C.C. § 39-06.1-11(2), a TRL after a first DUI or implied-consent suspension takes effect after 30 days, or 14 days for 24/7 sobriety program participants; after a second or subsequent DUI, NDDOT states the TRL is conditioned on 24/7 Sobriety Program participation.
- Does North Dakota have an ignition interlock removal rule?
- No statutory or NDDOT removal rule was found. North Dakota has no mandatory DUI interlock statute; under N.D.C.C. § 39-06.1-11(4) the NDDOT director may require an ignition interlock device as a condition of a temporary restricted license, and NDDOT's pages describe the 24/7 Sobriety Program rather than interlock monitoring. The fetched sources do not state a compliance period or a procedure for ending an interlock condition.
Sources
- NDDOT - Driver Record Services and Suspensions (reinstatement requirements system; TRL; 24/7 program; reinstatement fees; FAQs)
- NDDOT - Driver License (FAQ: What is an SR-22 insurance certificate?)
- NDDOT - How to Replace or Reinstate a Driver License
- N.D.C.C. ch. 39-06.1 (§ 39-06.1-11 Temporary restricted license - Ignition interlock device) (official PDF)
- N.D.C.C. ch. 39-08 (§ 39-08-01(5) sentencing; addiction evaluation) (official PDF)
- N.D.C.C. ch. 39-16.1 (§ 39-16.1-07 proof of financial responsibility after conviction) (official PDF)