ND DOT Suspension Timeline for DUIs
If you are charged with Driving Under the Influence or Refusal to Submit to a Chemical Test in Williston, North Dakota, there are several critical deadlines that you need to be aware of. Failure to meet these deadlines may result in permanent consequences to your driving privileges, not only in North Dakota but also in all 50 dates. A suspension or revocation can often lead to higher insurance rates and even termination of employment if you have a CDL or drive a company vehicle in the Bakken.
- DOT Administrative Hearing Request — 10 Days from Arrest or Report & Notice Form
When you are arrested for DUI in North Dakota, you must protect both your driving and criminal record. An experienced criminal defense lawyer can provide you more information about this process. There are two parts of your case — the DOT administrative phase and then the criminal court phase.
The North Dakota Department of Transportation will begin proceedings against your driving privileges almost immediately after you are arrested. When you are issued the Report and Notice Form, this begins the DOT case against your driver’s license. Generally you will receive this form after taking the Intoxilyzer (Breathalyzer) test or refusing a test. In the event of a blood test, the Report and Notice will be mailed to the address on file for you. Make sure that the DOT has your current mailing address so you do not miss this important document. In most situations, you have only 10 days to request a DOT hearing. Your DUI defense lawyer can request this for you, but you may also request it directly at this link: https://www.dot.nd.gov/dotnet2/submitinfo/submitinfo.aspx?pageID=admin-hearing
You must request this hearing within 10 days of being arrested or receiving the Report and Notice Form. Failure to do so will result in inevitable suspension or revocation of your driving privileges. If you do not make this request within the 10 day window, you will not have the right to defend yourself in a DOT hearing — and the DOT will automatically suspend or revoke your driving privileges in North Dakota. If you have an out-of-state driver’s license, North Dakota will inform your home state and you may face an additional — sometimes even harsher — suspension in that state.
2) Cure Refusal Deadline — 25 Days from Arrest
North Dakota recently enacted harsh driver’s license punishments for those who refuse to submit to field sobriety tests, screening tests, or chemical tests. These tests include the Walk and Turn, Horizontal Gaze Nystagmus, One Leg Stand, as well as the breathalyzer, Intoxilyzer, and blood draw test. If law enforcement believes that you are refusing any of these tests, you may be charged with Refusal and/or Driving Under the Influence. Basically, refusing to failing to do these tests can be prosecuted in the same way as a traditional DUI case — but the exposure to your license is higher than in a typical DUI test where are all tests are performed.
Depending on the circumstances of your case, you may wish to “cure the refusal.” This means that a driver agrees to plead guilty to Refusal or DUI, with the goal of receiving a shorter suspension period and a possible ND work permit. In other situations, you and your attorney may decide to contest the case instead of curing the refusal — call the Chapman Law Office at 701-572-3966 for expert advice on this matter.
If you are accused of refusing a field sobriety or breath or blood test, The DOT will try to impose a much longer revocation period. If you lose the DOT hearing (assuming one is requested on time), you will face a longer revocation period and be ineligible for a normal ND work permit.
How do you avoid these harsh consequences for your license? You should immediately consult with a DUI lawyer in Williston, but this article will explain one method to protect your driving privileges. North Dakota law allows a person to plead guilty to Refusal or DUI in exchange for a shorter suspension period (often half as long) and the potential for an ND work permit. For example, a first-offense Refusal can result in a six month revocation. If you are revoked by the DOT, you would be barred from receiving a normal work permit, unless you perform 24/7 sobriety testing for months and fulfill other difficult requirements. There would also be the requirement to retake the written and driving tests, which can be a hardship if you move out of state.
Here is one possible solution to these stiff license consequences– a driver who successfully “cures the refusal” will receive a shorter suspension period instead and be eligible for a ND work permit. You do not need to retake the driver’s license test if you are only suspended (as opposed to revoked). Additionally, you may be eligible for a standard ND work permit after 30 days of suspension. For example, if you are facing a first-time Refusal or DUI charge, then curing the refusal would result in only a 91-day suspension instead of a six month revocation.
Note that there are other requirements for the work permit — you will need a North Dakota license before the suspension begins and there is also a 30 day waiting period. The DOT may also require an alcohol evaluation and other items before issuing the permit.
If you decide to cure the refusal by pleading guilty, is it extremely essential that you do so within 25 days of being arrested. A DUI attorney can assist you in this complicated legal process. There are additional forms and documents that must be submitted in addition to pleading guilty to the DUI or Refusal. If you fail to plead guilty within 25 days and submit all necessary documents to the DOT, you will not be allowed to cure the refusal. This can result in longer revocation period and the inability to obtain a normal ND work permit. This 25 day deadline is rigid and the DOT does not make exceptions. Even being one day late can result in losing your license for months or even years more than necessary.
Curing the refusal is a very technical and time-sensitive process. The rewards of successfully curing a refusal can be high, but the consequences of improperly doing so are also steep. The Chapman Law Office in Williston, ND specializes in DUI, Refusal, and other criminal charges. Call us today at 701-572-3966 or visit us at www.DUILawyersWilliston.com for a FREE Consultation.
