While some motorists regard driving as a basic right, the fact is that operating a motor vehicle is a privilege that must be earned and maintained by demonstrating safe and lawful driving. Under certain circumstances, an individual's North Dakota driver's license may be suspended or revoked for a specific length of time, depending on the person's driving record or history, and the particular violation(s).

REASONS FOR DRIVER'S LICENSE SUSPENSIONS

There are a variety of reasons why your North Dakota driver's license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. Following are some of the most common reasons for a North Dakota driver's license to be suspended or revoked.

• Driving Under the Influence. Your North Dakota driver's license will be automatically suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension depends on the degree of intoxication and your previous driving record. If you have a blood alcohol content (BAC) of 0.08% or higher you are considered legally drunk.
• For a first offense with a BAC between 0.08% and 0.17% your license will be suspended for 91 days; if over 0.18% the period is 180 days. You will also be fined $250 and be referred to an addiction facility for alcohol evaluation.
• For a second offense within five years with a BAC between 0.08% and 0.17% your license will be suspended for one year; if over 0.18% the period is two years. You will also be fined $500, face either five days in jail or 30 days community service and be referred to an addiction facility for alcohol evaluation.
• For a third offense within five years with a BAC between 0.08% and 0.17% your license will be suspended for two years; if over 0.18% the period is three years. You will also be fined $1,000, be jailed for 60 days and be referred to an addiction facility for alcohol counseling.
• For a fourth offense within seven years with a BAC between 0.08% and 0.17% your license will be suspended for two years; if over 0.18% the period is three years. You will also be fined $1,000 and be jailed for 180 days. Your driving privileges will only be restored after you have completed treatment for alcohol addiction and you have not committed any alcohol related offenses for at least two years.
• A fifth offense is classified as a class C felony in North Dakota. You will be fined $5,000 and be sent to jail for up to five years.
• If you refuse to take an alcohol test your license will be revoked immediately.
• Excessive Moving Violations. The state of North Dakota operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 12 or more points on your current driver record your license will be suspended. If you are under 18 years old, the margin is just 6 points and your license will be canceled. The period of suspension depends on the number of points on your driving record. Every point in excess of 11 will add seven days to the suspension period, so if your points total is 16, your license will be suspended for 35 days.
• Driving with a Suspended License or no License. Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to five years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver's license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance. All motor vehicles driven in North Dakota must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving-Related Violations. Your North Dakota driver's license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway.
• Physical or Psychological Disqualification. The MVD can order a re-examination of any person who may not be fit to drive. An individual's driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension. A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to an MVD notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support.
• Leaving the scene of an accident. Your license will be suspended if you leave the scene of an accident involving death or injury without permission.
• Supplying false information. Supplying false information to obtain a driving license, using another person's license or attempting to change the information on your driver license will also result in license suspension.
• Excessive speed. Exceeding the posted speed limit by 35 mph or more will result in your license being suspended.

WHAT TO DO IF YOUR NORTH DAKOTA DRIVER'S LICENSE IS SUSPENDED

Having your North Dakota driver's license suspended is a serious matter, and it is essential to adhere to State law in the event that your license is suspended. You will receive a written notification of your license suspension. If your suspension is because of driving under the influence (DUI) you may be eligible to apply for a restricted license to enable you to drive to and from work or school. To qualify to apply for a restricted license, you must:

1. Be conviction free from any offenses for 365 days.
2. Provide proof of enrollment in a court approved drug program.
3. Provide a letter of recommendation from your district court.

If you can meet all three requirements, you should contact the Drivers License and Traffic Safety Division by email at dlhearing@nd.gov to arrange a hearing. If you believe your license may be suspended due to one of the reasons listed above it is advisable to speak with a traffic ticket lawyer or a DUI-DWI lawyer.

APPEALING A SUSPENSION

Once you receive your notification of suspension, you have ten days to notify the court if you intend to appeal your suspension with a hearing. It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension. In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program removes three points from the current driving record if you have five or lesser points, and in some cases can enable an individual to avoid having his license suspended.

RESTORING YOUR LICENSE

When your suspension period is over, your license will be automatically renewed once you have paid the $50 reinstatement fee (the fee is $100 if you were suspended for a DUI offense). If you have been arrested four or more times for DUI you will also need to supply proof that you have complied with North Dakota's mandatory alcohol treatment program.

ADDITIONAL INFORMATION

• Check the North Dakota Point System.
• See also Auto Insurance.
• See also DUI and DUI Attorneys.
• See also Traffic Tickets and Traffic Ticket Attorneys.