North Dakota SR-22 requirements after a DUI
North Dakota requires an SR-22 filing for 1 year after a DUI.
What North Dakota says
SR-22. N.D.C.C. § 39-16.1-07(2) provides that after a conviction under § 39-08-01 (DUI) 'no license may be issued or returned to the person, unless the person gives and maintains proof of financial responsibility.' NDDOT states an SR-22 insurance certificate is the form of proof. Under § 39-16.1-19(1)(a) the director may waive/cancel the proof 'at any time after one year from the date such proof was required' if no further disqualifying conviction is received in that year; the one-year figure is derived from that provision, not from a page that states 'one year' for DUI directly.
“driving or being in actual physical control of a vehicle while under the influence in violation of section 39-08-01 or equivalent ordinance ... the license or driving privilege must be suspended or revoked and no license may be issued or returned to the person, unless the person gives and maintains”
Ignition interlock statute (see the state page): N.D.C.C. § 39-06.1-11
At a glance
| Filing required after a DUI | Yes |
|---|---|
| Form | SR-22 |
| Filing period | 1 years |
| License reinstatement fee | $100 |
| Licensing agency | North Dakota Department of Transportation, Driver License Division |
How an SR-22 filing works
An SR-22 is a certificate of financial responsibility. The driver does not file it; the insurer does, electronically, with the state licensing agency, confirming that a policy meeting the state's minimum liability limits is in force. Most insurers charge a one-time filing fee, and a driver who needs one may find that fewer carriers offer it or that premiums are higher.
The filing must stay on file for the period the state sets. If the policy is cancelled or lapses during that period, the insurer notifies the state (an SR-26), and the license is typically suspended again until a new filing is made — which can restart the period.
The period usually starts at reinstatement, not at the arrest or conviction, though states differ; where the state specifies the start date, the note on this page says so.
Questions about SR-22 in North Dakota
- How does a repeat DUI offender get restricted driving privileges in North Dakota?
- Under N.D.C.C. § 39-06.1-11(7), an offender charged with or convicted of a second or subsequent § 39-08-01 violation who has no unrelated suspension 'shall' be issued a temporary restricted license 'upon the restriction the offender participate in the twenty-four seven sobriety program under chapter 54-12,' with proof of financial responsibility and proof of program participation submitted with the application.
- Is an SR-22 required to reinstate a North Dakota license after a DUI?
- Yes. N.D.C.C. § 39-16.1-07(2) provides that after a conviction under § 39-08-01 no license may be issued or returned 'unless the person gives and maintains proof of financial responsibility.' NDDOT states that an SR-22 insurance certificate, obtained from the insurance company, is the required proof and that an insurance card, policy, or declaration page cannot be accepted in its place.